Louisiana Personal Injury Law: Loss of a Chance of Survival

Jul 02, 2010
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The plaintiff in a medical negligence case is not required to show that she would have obtained a perfect outcome in the absence of medical treatment that fell below the accepted standard of care. Rather, the plaintiff may recover on a showing that the physician’s unacceptable care denied the plaintiff a chance of a good outcome. Graham v. Willis-Knighton Medical Center, 27,338 (La.App. 2 Cir. 9/29/95), 662 So.2d 161.

If a defendant physician, by action or inaction, has substantially increased the chances of a patient developing complications and damages, then such conduct by the defendant physician is considered to be a cause of the patient’s damages. Hastings v. Baton Rouge General Hospital, 498 So.2d 713, 720-21 (La.1986).

This Louisiana personal injury law jury instruction is provided by the experienced Baton Rouge, Louisiana medical malpractice attorneys at Dué Guidry Andrews Courrege.

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