If a doctor's negligence results in the death of a patient, in additional to or as an alternative to a wrongful death lawsuit, the patient's surviving family members may be entitled to bring a Lost Chance of Recovery (also known as a Lost Chance of Survival) lawsuit under this doctrine recognized by the Missouri Supreme Court in Wollen v. DePaul Health Center, 828 S.W.2d 681 (Mo. 1992).
Under this theory, there is an acknowledgment that the patient may not have ultimately survived if, for example, the physician made the proper diagnosis immediately. But, the claim is that the patient would have survived longer (perhaps enjoying a much longer and pain-free life) had the proper diagnosis been made initially.
Claims such as this can be highly successful in cases where the average rate of survival following a timely diagnosis of the problem is greater than 50% because it can be argued that the patient lost a very real chance of recovery or survival had there been no negligence.
If a loved one has died as a result of medical malpractice or as a the result of other wrongful action, please contact St. Louis Wrongful Death attorney Mark Dean at (314) 872-2120 or 1-800-431-3212. We offer a free thorough audit of your case in a compassionate manner.
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