Part II of this note presents a background on the history of, and alternative theories to, the loss-of-chance doctrine. Part III presents the facts, procedural history, holding, and reasoning of the case. Part IV scrutinizes and assesses the court’s holding, the various public policy implications, and the future effect on medical malpractice claims. Finally, Part V concludes the paper. Essentially, the question is whether the loss-of-chance doctrine will apply when a plaintiff proves a direct causal connection between the injury and the defendant’s negligent act.
Reuscher, Christopher Paul
"McMullen v. Ohio State University Hospitals: This Isn't Vegas, But Don't Tell the Courts - Playing with Percentages and the Loss-of-chance Doctrine,"
Akron Law Review: Vol. 34
, Article 5.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol34/iss3/5