Posted On: July 28, 2008 by Ronald V. Miller, Jr.

Loss of Chance Doctrine in Massachusetts

The Maryland Injury Lawyer Blog reports that the Massachusetts Supreme Judicial Court - Massachusetts' highest court - ruled last week that doctors can be held liable for medical malpractice that reduces a patient's chance of survival even if the patient's chances of recovery were already below 50 percent.

Huge ruling for malpractice victims that recognizes that people are making great sacrifices just to add a few percentage points to their chances of living and living well (working out, eating right, taking medications, etc.) and the law should recognized that a 49% increased chance of dying is a harm by any measure.