Massachusetts Supreme Court recognizes medical malpractice victims' right to damages in survival cases
July 23, 2008 – Massachusetts’ highest court ruled today that doctors can be held liable for medical malpractice and negligence in cases that reduce a patient’s chances for survival, despite their prognosis for recovery, the Boston Globe reported.
Medical malpractice lawyers said today the decision by the Supreme Judicial Court will benefit malpractice claims by seriously injured patients who previously had little chance of collecting damages from physicians.
In its decision, written by Chief Justice Margaret Marshall, the court said: "Where a physician's negligence reduces or eliminates the patient's prospects for achieving a more favorable medical outcome, the physician has harmed the patient and is liable for damages.”
The decision recognizes for the first time a doctrine known in medical malpractice cases as “loss of chance,” which allows a patient – whose odds of recovery are 50 percent or less – to receive damages for any negligence that reduced those odds.
Weitz & Luxenberg, P.C. – We’re here for you . . .When a patient puts their trust in a doctor and that trust is betrayed, a malpractice attorney can be the family’s best protector.
Injured medical patients and their family members who suspect medical malpractice are urged to contact the law firm of Weitz & Luxenberg, P.C. – the largest personal injury law firm in New York.
To receive a free consultation on the legal merits of your medical malpractice complaint, please fill out the form on this page and send it to the Weitz & Luxenberg team of medical malpractice lawyers.
Know your rights. Don’t get stuck with medical bills or be deprived of lost income when the fault lies with a doctor, hospital or medical center.
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