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Massachusetts approves 'loss-of-chance' claim in med-mal cases.

Publication: Trial
Publication Date: 01-OCT-08
Format: Online
Delivery: Immediate Online Access

Article Excerpt
In two cases heard the same day, the Supreme Judicial Court of Massachusetts recognized the "loss-of-chance" doctrine in medical malpractice cases. The state's highest court found that doctors can be held liable for negligence that reduces a patient's chances of recovery--even when those chances were low to begin with.

The first case involved 42-year-old Kimiyoshi Matsuyama. The trial court found that his doctor, Neil Birnbaum, ignored Matsuyama's clear, recurring symptoms of gastric cancer over several years, until it was too late: Matsuyama died of the disease in October 1999.

Despite medical records showing that Matsuyama had suffered from gastric distress since 1988 and had a personal history that predisposed him to...

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