Torts Keyed to Dobbs
Lord v. Lovett
Plaintiff suffered a broken neck in an auto accident and was treated at the hospital by Defendants. She sued Defendants, alleging that they negligently misdiagnosed her spinal cord injury, then failed to both immobilize her properly and to administer steroid therapy, causing her to lose the opportunity for a substantially better recovery. Upon learning that the Defendants intended to move to dismiss at the close of her case, Plaintiff proffered that her expert would testify that the Defendant’s negligence deprived her of the opportunity for a substantially better recovery, but conceded that her expert could not quantify the degree to which she was deprived of a better recovery by their negligence. The trial court dismissed the action on the ground that lost opportunity was not a recognized theory. The New Hampshire Supreme Court reversed and remanded.
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