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.

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