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Court recognized right of pt. to recover for 'loss of chance'.

Publication: Medical Law's Regan Report
Publication Date: 01-NOV-08 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
IN JULY, 2005, FORTY-TWO-YEAR-OLD KIMIYOSHI MATSUYAMA PRESENTED HIMSELF TO DR. NEIL BIRNBAUM, A BOARD-CERTIFIED INTERNIST, FOR A ROUTINE PHYSICAL EXAMINATION. The patient gave a history of having been treated by another physician for gastric distress and the possibility that he might need an upper gastrointestinal series or a small bowel follow-through to further evaluate his symptoms. Dr. Birnbaum was aware at the time of the patient's first visit that, a person of Asian ancestry who had lived in Korea and Japan for the first twenty-four-years of his life and had a history of smoking, was at a significantly higher risk for developing gastric cancer than was the general population of the United States. Nevertheless, Dr....

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