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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