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Medical Malpractice: A Wronged Patient's Decreased Chances to Survive are Actionable as a Standalone Damage
(2013)
  • Alex Stein
Abstract

On May 31, 2013, the Minnesota Supreme Court has delivered a very important decision: Dickhoff v. Green, --- N.W.2d ----, 2013 WL 2363550 (Minn. 2013).

The Court overturned its previous precedent and ruled that a wronged patient's decreased chances to survive are actionable as a standalone damage.

This ruling is different from all cases in which the lost-chance compensation was used to remedy an already-injured plaintiff who couldn't prove causation by a preponderance of the evidence.

Intentionally or not, this decision makes a profound conceptual and policy change in the law of medical malpractice and torts generally (only for Minnesota, of course, at this point). I report and briefly discuss it in my e-journal, here: http://steinmedicalmalpractice.com/dickhoff-v-green-nw2d-2013-wl-2363550-minn-2013.

Keywords
  • Medical Malpractice,
  • Lost Chances,
  • Compensation,
  • Probabilistic Awards,
  • Torts
Publication Date
Summer June 1, 2013
Citation Information
Alex Stein. "Medical Malpractice: A Wronged Patient's Decreased Chances to Survive are Actionable as a Standalone Damage" in 1:6 STEIN on Medical Malpractice (2013)