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‘Loss of Chance’ Malpractice

There is a point that confuses many doctors about cases that allege a failure to diagnose. These are ones in which the patient is healthy but is still suing over the care based on the possibility that they might get sick in the...

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Courts Separating Causation from Damages

The rule used to be that the pre-negligence survival had to be more likely than not. In other words, over 50% below that level, any harm that the plaintiff suffered was attributed to their disease, even if the doctor was held to...

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