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 for 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 a 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 expanded)?
Mr. Eiva has obtained multi-million-dollar jury verdicts. He regularly settles six and seven-figure cases. Mr. Eiva... | Read More
Mr. Eiva has obtained multi-million-dollar jury verdicts. He regularly settles six and seven-figure cases. Mr. Eiva also has a successful appellate practice in which he appears before the Oregon Supreme Court, the Oregon Court of Appeals, and the 9th Circuit multiple times a year. He has prevailed on cases involving important and ground-breaking issues in professional malpractice, personal injury, insurance law, and constitutional law. Mr. Eiva’s prevailing appellate cases are often considered the lead cases on the issues that they address.Close
William A. Ramsey
Mr. Ramsey represents clients on appeals, defends medical malpractice and general liability claims, and litigates... | Read More
Mr. Ramsey represents clients on appeals, defends medical malpractice and general liability claims, and litigates business and commercial matters, including disputes related to copyright and trademark rights. He also represents corporate and professional clients with licensing and compliance issues. Mr. Ramsey has jury trial experience and has appeared before the Indiana Court of Appeals, Indiana Tax Court, and the Indiana Supreme Court for oral arguments.Close