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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 definiti...
Source: AMA Wire - January 11, 2016 Category: Journals (General) Authors: Amy Farouk Source Type: news