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Loss-Of-Chance Doctrine In Washington: From Herskovits To Mohr And The Need For Clarification, Matthew Wurdeman
Loss-Of-Chance Doctrine In Washington: From Herskovits To Mohr And The Need For Clarification, Matthew Wurdeman
Washington Law Review
Loss of chance is a well-established tort doctrine that seeks to balance traditional tort causation principles with the need to provide a remedy to patients whose injuries or illnesses are seriously exacerbated by physician negligence. In Washington, the doctrine continues to create significant difficulties for judges, juries, and practitioners. Wherever it has been applied, it has often created difficulties. The loss-of-chance doctrine needs clarification—definitive, sensible, and workable guidelines to ensure that loss of chance is consistently and fairly applied. Part of the problem lies in the fact that courts and litigants use the term “loss of chance” as if it …
Loss-Of-Chance Doctrine In Washington: From Herskovits To Mohr And The Need For Clarification, Matthew Wurdeman
Loss-Of-Chance Doctrine In Washington: From Herskovits To Mohr And The Need For Clarification, Matthew Wurdeman
Washington Law Review
Loss of chance is a well-established tort doctrine that seeks to balance traditional tort causation principles with the need to provide a remedy to patients whose injuries or illnesses are seriously exacerbated by physician negligence. In Washington, the doctrine continues to create significant difficulties for judges, juries, and practitioners. Wherever it has been applied, it has often created difficulties. The loss-of-chance doctrine needs clarification—definitive, sensible, and workable guidelines to ensure that loss of chance is consistently and fairly applied. Part of the problem lies in the fact that courts and litigants use the term “loss of chance” as if it …