Loss of a chance of survival - Failure to diagnose cancer

Posted Wednesday, May 25, 2011 by Ed Harper

If you claim your chance of survival went down because of the mistakes of a medical professional, you will need to find some legal precedent for this claim. In many states this will be found in case law, and if a medical expert states this opinion then you will have improved your chances to win the case. In Washington state this is considered the Herskovitz doctrine. However, you will still need medical testimony from an expert to state a mistake was made by a health care professional initially and then this has to be linked to the reduction of your chances of survival.

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