Court case could increase liability exposure, redefine injury

A state supreme court is set to determine whether “loss of chance” for a better outcome should be recognized as a legal injury in medical liability lawsuits—which could leave physicians exposed to increased liability. The details of the case At stake in Smith v. Providence Health Services is whether or not the Oregon Supreme Court should redefine what constitutes an injury legally to include the lost possibility of a better outcome, known in legal terms as the “loss of chance” doctrine. Existing law does not include loss of chance as grounds for medical liability. The case is an attempt to expand the definition of injury—one that would open the door for speculation. The patient in this case presented at a hospital emergency room, where the physicians failed to diagnose a stroke and discharged him. As it turned out, the patient did have a stroke and suffered significant permanent injuries. The missed opportunity for proper diagnosis led the patient to file a lawsuit, claiming a loss of chance for a better outcome. At the same time, even the patient admitted that he would probably have suffered the same injuries had he been properly diagnosed. Decision could put physicians at risk If the “loss of chance” doctrine is recognized by the court, it could lead to significantly greater and uncontrollable liability exposure for physicians. The Litigation Center of the AMA and State Medical Societies filed an amicus brief, arguing that recognizing the loss ...
Source: AMA Wire - Category: Journals (General) Authors: Source Type: news