Document Type
Article
Media Type
Text
Abstract
This Comment examines the elements of causation and valuation in medical malpractice actions where a physician's negligence reduced his/her patient's chances of recovering from a pre-existing illness and direct proof of causation is unavailable. The Comment focuses on current Illinois case law regarding "lost chance" of survival and advocates that Illinois adopt a new cause of action which would compensate plaintiffs for this loss on a proportional basis that would reflect the magnitude of the diminished possibility of recovery.
First Page
575
Last Page
602
Publication Date
7-1-1989
Department
College of Law
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Benson, Jeffrey L.
(1989)
"The Dilemma of Chance in Medical Malpractice: Should Illinois Recognize a New Cause of Action for "Lost Chance" of Survivability?,"
Northern Illinois University Law Review: Vol. 9:
Iss.
3, Article 5.
Suggested Citation
Jeffrey L. Benson, Comment, The Dilemma of Chance in Medical Malpractice: Should Illinois Recognize a New Cause of Action for "Lost Chance" of Survivability?, 9 N. Ill. U. L. Rev. 575 (1989).
