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.
College of Law
Northern Illinois University Law Review
Benson, Jeffrey L.
"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:
3, Article 5.
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).