Loss of Chance in Wrongful Death Lawsuits

March 21st, 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.

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