Loss of a Chance: Finally Back in the Court of Appeals

, New York Law Journal


Timothy J. O'Shaughnessy, a member of Mauro Lilling Naparty, The highest courts of most states have offered varied answers to the question of liability when a doctor's negligence decreases a patient's chance at survival. The Court of Appeals affirmed without opinion in a case of this type almost 40 years ago but has not addressed this subject since, and none of the Appellate Division cases that have addressed this situation analyzed the issues in any detail. But guidance may come this fall.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to LexisAdvance®.

Continue to LexisAdvance®

Not a LexisAdvance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via LexisAdvance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

What's being said

Comments are not moderated. To report offensive comments, click here.

Preparing comment abuse report for Article #1202562915339

Thank you!

This article's comments will be reviewed.