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Torts Keyed to Duncan
Herskovits v. Group Health Cooperative of Puget Sound
Citation:
99 Wash.2d 609, 664 P.2d 474 (1983)Facts
Herskovits visited Group Health Cooperative of Puget Sound (defendant) complaining of chest pain and coughing and was treated with cough medicine. He was later diagnosed by another physician with an advanced form of lung cancer, and passed away twenty months later. Herskovits’s wife and estate (plaintiff) sued the defendant for negligently failing to diagnose Herskovits. At trial, the plaintiff’s expert testified that Herskovits chance of survival decreased from 39 percent to 25 percent because of the defendant’s failure to diagnose, demonstrating actual cause. The defendant moved for summary judgment, arguing that the evidence did not sufficiently support the claim that their failure to diagnose more likely than not caused Herskovits death.
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