lost opportunity doctrine

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lost opportunity doctrine2016-12-27T09:32:09+00:00

lost opportunity doctrine

MEDICAL MALPRACTICE

Definition The lost opportunity doctrine is a legal doctrine which holds that a missed chance to diagnose (failure to timely diagnose), and therefore treat, a particular condition can be negligent–i.e., wrongful, even if it does not result in death.

Subsequently in Stone v Williamson, M.D., a medical malpractice action, the Michigan Supreme Court examined (in 2008) the doctrine of lost opportunity set forth at MCL 600.2912a(2), which prohibits “recovery for loss of an opportunity to survive or an opportunity to achieve a better result unless the opportunity was greater than 50%” , but ultimately deferred opinion on various aspects of the doctrine. 

References Weymers v Khera, 210 Mich App 231; 533 NW2d 334 (1995)
http://www.plunkettcooney.com/publications-174.html

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