Loss of Chance in Medical Malpractice Cases in Massachusetts

The Massachusetts Supreme Judicial Court – Massachusetts’ highest court – ruled yesterday that medical doctors can be held liable for medical malpractice that reduces a patient’s chance of survival, even if the patient’s chances of recovery was already less than 50 percent.

Maryland also has a loss of chance case currently pending before the Maryland Court of Appeals although few Maryland medical malpractice lawyers expect Maryland will go as far as Massachusetts has in this case.

I’m on vacation this week but I’ll read and report on this important opinion next week.

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