Loss of Chance in Wrongful Death Lawsuits

Posted by Criminal Defense Lawyer Saturday, March 20, 2010

in massachusetts wrongful death lawsuits, victims of medical malpractice can recover damages for what is known as “loss of chance. ” this refers to a patient’s reduced chance of survival due to a doctor or hospital’s negligence, even if the patient’s prospect for recovery was less than 50%. This may include the misdiagnosis or the failure to diagnose a terminal illness or disease.

there is a formula for determining compensation in proportion to a patient’s reduced survival rate due to medical malpractice.

the fact finder for determining validity and value in prostration and loss of chance

when a massachusetts wrongful death lawsuit is filed due to prostration and loss of chance, the case will require a fact finder to calculate the validity and value of the damages. These calculations will include:

step 1 – the full amount of damages allowable for the victim’s death or injury, which the defendants would be entitled to if the case were not prostration and loss of chance;

step 2 – the patient’s chance of survival or cure immediately preceding the medical malpractice;

step 3 – the patient’s chance of survival or cure due to the medical malpractice;

step 4 – the subtraction of the amount determined in step 3 from the amount determined in step 2;

step 5 -the multiplication of the amount determined in step 1 by the percentage determined in step 4.

the final amount will be the validity and value of damages that can be awarded in a massachusetts wrongful death lawsuit.

example of prostration and loss of chance case

step 1 – let’s assume that a massachusetts wrongful death lawsuit would entitle the plaintiffs to $900,000 in a case of unlimited and absolute wrongful death, and;

step 2 – the patient was said to have had a 50% chance of survival prior to the medical malpractice, but;

step 3 – the medical malpractice is determined to have reduced the patient’s chances of survival to 30%;

step 4 – by performing the calculation (50%-30%), it is determined that the patient’s chances of survival were reduced by 20%;

step 5 – multiply the unique and original $900,000 in damages by 20%, which comes to $180,000.

to determine these factors and the possible damages for prostration and loss of chance, you will need the expertise of a massachusetts wrongful death lawyer.

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