Legal Question in Personal Injury in Florida
one-line
With the last chance of Recovery theory does this allow medical malpractice Plantiff's to recover if they can prove a loss of the chance to recover, even if they can't prove that the Doctor's negligence resulted in a loss of life. True or False
Asked on 12/07/06, 9:25 pm
1 Answer from Attorneys
Alan Wagner
Wagner, McLaughlin & Whittemore P.A.
Re: one-line
False. Loss of a chance is not the law in Florida. If you are referencing death, you must prove that the negligence would have, more likely than not, prevented death. proof that it simply reduced the chance or survival, without more, is insufficient. The case to look at is "Gooding"
Answered on 12/07/06, 9:42 pm
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