Health Law Keyed to Furrow
Herskovits v. Group Health Cooperative of Puget Sound
Facts
Herskovit's (Plaintiff) decedent went to the Group Health Cooperative of Puget Sound (Defendant) complaining of coughs and chest pain. Defendant failed to diagnose lung cancer, which was then diagnosed by a different facility one year later. The decedent's lung was then removed, but he died 20 months later. Plaintiff sued Defendant for negligence in its failure to diagnose the lung cancer. Defendant moved for summary judgment, arguing that the decedent suffered from a probability of dying even if the diagnosis would have been made promptly. At best, the decedent's chance of recovery was 39 percent; the Defendant's alleged negligence reduced it to 25 percent. Summary judgment was granted by the trial court. Plaintiff appealed.
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