Latest Loss of chance in English law Stories
By Laura Crimaldi, Boston Herald Aug. 3--Physicians can now be held liable for negligent acts that reduce a patient's chance of survival even if the patient's odds for recovery had already been less than 50 percent, the Supreme Judicial Court has declared in a groundbreaking ruling. "This is a win for the patient who has been brushed aside by the doctors and the system," said Dr. Max Borten, the litigator in the case that prompted the SJC's July 23 ruling. "This corrects the law for a...
BOSTON - The state supreme court has upheld a jury award against a Norwood physician accused of negligence in the case of a Sharon man who died of cancer in 1999. A Norfolk County jury awarded Kimiyoshi Matsuyama's wife and now 23-year-old son a total $1,035,000 in 2004 after finding that his physician, Dr. Neil S. Birnbaum of Dedham Medical Associates, had been negligent. More than $300,000 of the award was for "loss of chance," meaning Birnbaum lessened the 46-year-old's chance to survive...
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