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Full-Text Articles in Legal Remedies
Liability Cure-All For Insidious Disease Claims, Susan Frankewich
Liability Cure-All For Insidious Disease Claims, Susan Frankewich
Pepperdine Law Review
Recent decisions handed down in various circuits have created virtual chaos in predicting the liability and damage amounts of insidious disease claims. At least three substantially divergent theories have been adopted to impute liability to the manufacturers of the disease catalysts. Additionally, a new trust fund concept has been used on a limited basis to reconcile differences in court decisions. The trust fund approach is relatively flexible and simple to apply in apportioning damages for insidious disease claims. The author examines and analyzes these three liability theories. In conclusion, the adoption of the trust fund concept is recommended.
Medical Malpractice: The Right To Recover For The Loss Of A Chance Of Survival, Patricia L. Andel
Medical Malpractice: The Right To Recover For The Loss Of A Chance Of Survival, Patricia L. Andel
Pepperdine Law Review
Traditionally, a plaintiff suffering from misdiagnosis has been precluded from recovery unless he could show that "but for" the misdiagnosis he would have had a better-than-even chance of recovery. While many courts have attempted to avoid this doctrine by reducing the standard of causation, this has led to inconsistent results. The better approach is to recognize that a "chance" of recovery has a compensable value in and of itself This comment will explore the concept of loss of a chance and trace its development as it relates to medical malpractice actions.