Lost Chance Doctrine in Medical Malpractice Cases: Evolving Standards of Proof and Damages Formulas
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will review the "loss of chance" doctrine endorsed in one form or another by the substantial and growing majority of states, the different approaches taken by courts nationwide, how it is evolving, and evidentiary considerations.
- Origins of loss of chance
- Loss of chance as a proximate causation issue
- Loss of chance as a damages issue
- The necessity of experts
- Calculating damages
The panel will review critical issues, such as:
- What if the patient has a low chance of survival?
- Is the loss of chance a proximate cause or damages issue?
- How are damages calculated?
- Do pattern jury instructions adequately include loss of chance charges?
- When must a plaintiff assert a loss of chance claim? How can the loss of chance doctrine be limited (or perhaps expanded)?
Kaufman Borgeest & Ryan
Mr. Artusa focuses his practice on the defense of professional liability claims against health care professionals in... | Read More
Mr. Artusa focuses his practice on the defense of professional liability claims against health care professionals in the state and federal courts of New York and New Jersey. He has defended health care professionals, as well as health care facilities involved in medical malpractice and long-term care matters. In addition, he engages in matters involving complex litigation issues and has litigated commercial and employment matters. He has successfully taken cases from inception through verdict. He has been recognized by Best Lawyers in America: Ones to Watch in the 2022 edition for Medical Malpractice Law.Close
Bradley Murchison & Kelly Shea
Mr. Mims enjoys a diverse practice that includes commercial and environmental litigation, general corporate... | Read More
Mr. Mims enjoys a diverse practice that includes commercial and environmental litigation, general corporate representation, health care law, and transportation law. He has represented several healthcare providers in medical malpractice actions, many of which have proceeded to jury trials. He has litigated multiple injunction actions in the waste industry related to a competitor’s unfair trade practices and has advised healthcare providers on drafting and negotiating employment contracts. He has litigated claims against the United States in the Court of Federal Claims related to the taking of a plaintiff’s property without paying just compensation and has represented the holders of air permits in environmental disputes in federal court.Close
Mr. Goodwin practices in the Shreveport, LA area. He began his career as a medical malpractice defense lawyer but... | Read More
Mr. Goodwin practices in the Shreveport, LA area. He began his career as a medical malpractice defense lawyer but switched over to the plaintiff's side. He recently obtained a plaintiff verdict in a lost chance medical malpractice case (currently pending on appeal).Close