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Torts Keyed to Epstein
Herskovits v. Group Health Cooperative
Citation:
664 P.2d 474 (Wash. 1983)Facts
The defendant failed to diagnose the plaintiff’s lung cancer on his first visit to the hospital, proximately causing a 14% reduction in the plaintiff’s chance of survival. The plaintiff had less than a 50% chance of survival at all times. The plaintiff’s expert testified that as the tumor progressed from stage 1 to stage 2, the plaintiff’s chance of survival probably decreased form 39% to 25% due to the delay in diagnosis. The defendant contends that the plaintiff needed to show that he probably would have survived if not for the delayed diagnosis (at least a 51% chance).
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