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Torts Keyed to Prosser
Doull v. Foster
Citation:
163 N.E.3d 976 (2021)Facts
Michael Doull visited his primary care physician, Dr. Cynthia Foster, complaining of leg pain. Dr. Foster diagnosed him with a calf strain and prescribed rest, ice, and over-the-counter pain medication. Several days later, Michael Doull collapsed at home and was pronounced dead at the hospital. The cause of death was determined to be a pulmonary embolism resulting from a deep vein thrombosis (DVT) in his leg. Kathleen Doull, his widow, filed a medical malpractice lawsuit against Dr. Foster, alleging that she negligently failed to diagnose and treat the DVT, which would have prevented the fatal pulmonary embolism. At trial, the judge instructed the jury using the “substantial factor” test for causation, and the jury returned a verdict for Dr. Foster.
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