6 Indiana opinions name it 2 courts 1994–2007 0 in the last five years
The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Mayhue v. Sparkmangreen2 sentences2007Under the loss of chance doctrine, “[t]he compensa-ble injury is not the result, which is usually death, but the reduction in the probability that the patient would recover or obtain better results if the defendant had not been negli *597 gent.” Mayhue, 653 N.E.2d at 1387 . 2000The Alexanders, on the other hand, assert that this Court adopted the loss of chance doctrine in Mayhue , finding support for this hypothesis in the following language: “Accepting the § 323 approach does not require a separate loss of chance doctrine.” 653 N.E.2d at 1389 (emphasis in original). | 2 | 3 |
Cahoon v. Cummingsgreen2 sentences2007The Indiana Supreme Court has distinguished § 323 from the loss of chance doctrine by explaining that § 323 "deal[s] with claims for increased risk for an injury that has been incurred” while the loss of chance doctrine applies "where, although the risk had been increased, the plaintiff's ultimate injury was uncertain.” Cahoon v. Cummings, 734 N.E.2d 535, 544 (Ind.2000). 7 . 2007The Indiana Supreme Court has distinguished § 323 from the loss of chance doctrine by explaining that § 323 "deal[s] with claims for increased risk for an injury that has been incurred” while the loss of chance doctrine applies "where, although the risk had been increased, the plaintiff's ultimate injury was uncertain.” Cahoon v. Cummings, 734 N.E.2d 535, 544 (Ind.2000). 7 . | 1 | 1 |
Alexander v. Scheidgreen2 sentences2005For claims such as those presented by the Alexanders, the court adopted the loss of chance doctrine, which is also referred to as "increased risk of harm." 1 Id. at 275, 281 . 2005On the other hand, in Scheid, the court adopted the loss of chance analysis that is applicable here and determined that damages for such an action should be based upon "the reduction of the patient's expectancy from her pre-negligence expectancy" and the jury must "attach a monetary amount" to the patient's loss of life expec-taney. 7 Scheid, 726 N.E.2d at 282 . | 1 | 1 |
Cahoon v. Cummingsgreen1 sentence2000See Smith v. Washington, 716 N.E.2d 607 , 614 n. 3 (Ind.Ct.App.1999); Cahoon v. Cummings, 715 N.E.2d 1, 6-7 (Ind.Ct.App.1999). | 1 | 1 |
Smith v. Washingtongreen1 sentence2000See Smith v. Washington, 716 N.E.2d 607 , 614 n. 3 (Ind.Ct.App.1999); Cahoon v. Cummings, 715 N.E.2d 1, 6-7 (Ind.Ct.App.1999). | 1 | 1 |
Dumas v. Cooneygreen2 sentences1994Cooper, 272 N.E.2d at 103 ; see also Dumas v. Cooney (1991), 235 Cal.App.3d 1593 , 1 Cal.Rptr.2d 584 , review denied (1992); Fennell v. Southern Maryland Hosp. 1994Cooper, 272 N.E.2d at 103 ; see also Dumas v. Cooney (1991), 235 Cal.App.3d 1593 , 1 Cal.Rptr.2d 584 , review denied (1992); Fennell v. Southern Maryland Hosp. | 1 | 1 |
Fennell v. Southern Maryland Hospital Center, Inc.green2 sentences1994First, the dissent quotes a statistical analysis presented in Fennel, 320 Md. 776 , 580 A.2d 206 , to argue that the loss of chance doctrine will, on average, result in erroneous awards to plaintiffs. 1994First, the dissent quotes a statistical analysis presented in Fennel, 320 Md. 776 , 580 A.2d 206 , to argue that the loss of chance doctrine will, on average, result in erroneous awards to plaintiffs. | 1 | 1 |
Hamil v. Bashlinegreen2 sentences1994See, e.g., Hamil v. Bashline (1978), 481 Pa. 256 , 392 A.2d 1280 . 2 Under the traditional analysis-focusing on death as the injury-Sparkman cannot survive summary judgment because the evidence shows that Norma would not have had a better than 50% chance of survival if the cancer had been detected earlier. 1994See, e.g., Hamil v. Bashline (1978), 481 Pa. 256 , 392 A.2d 1280 . 2 Under the traditional analysis-focusing on death as the injury-Sparkman cannot survive summary judgment because the evidence shows that Norma would not have had a better than 50% chance of survival if the cancer had been detected earlier. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McKellips v. Saint Francis Hospital, Inc.
green
2 sentences2007The Court addressed this inequitable situation by examining the Restatement (Second) of Torts § 323 and the loss of chance doctrine. 6 Id. at 1387-88. *597 Relying on McKellips v. Saint Francis Hospital, Inc., 741 P.2d 467 (Okla.1987), the Mayhue Court adopted § 323 because it “established] a more procedurally-oriented response to such claims” and was the approach that was “most consistent with Indiana law, particularly our strong faith in the ability of the jury to decide such complex questions.” Id. at 1388-89. 1999It adopted § 323 as “the preferable and most rational theory” ( 741 P.2d at 474 ) in the context of the proximate cause problem, but it also incorporated the loss of chance doctrine in its analysis of the recoverable damages. 16 I see no procedural or substantive impediment to such reasoning. | 2 | 1999–2007 |
Harry J. Hicks, Administrator of the Estate of Carol Greitens, Deceased v. United States
green
2 sentences2005Under the loss of chance doctrine, "[the com-pensable injury is not the result, which is usually death, but the reduction in the probability that the patient would recover or obtain better results if the defendant had not been negligent." Id. 2005Under the loss of chance doctrine, "[t]he compensable injury is not the result, which is usually death, but the reduction in the probability that the patient would recover or obtain better results if the defendant had not been negligent." Id. | 2 | 1994–2005 |
Jablonski v. Inland Steel Co.
green
2 sentences1994We concluded that even if the court were to adopt the loss of chance theory and apply it to plaintiff's case, plaintiff could not recover because the evidence demonstrated, at best, that the decedent "may have had a slightly less than 50% chance of survival." Id. (citing Watson, 532 N.E.2d 1191 ) In Jablonski, we did not consider the alternative approaches to the loss of chance doctrine that we consider today. 1994We concluded that even if the court were to adopt the loss of chance theory and apply it to plaintiff's case, plaintiff could not recover because the evidence demonstrated, at best, that the decedent "may have had a slightly less than 50% chance of survival." Id. (citing Watson, 532 N.E.2d 1191 ) In Jablonski , we did not consider the alternative approaches to the loss of chance doctrine that we consider today. | 1 | 1994–1994 |
Porter v. Whitehall Laboratories, Inc.
green
2 sentences1994Although we do not necessarily agree with Gary's assessment of the Estate's evidence, Gary's argument focuses on the Estate's inability to meet the threshold admissibility requirements pursuant to Porter v. Whitehall Laboratories, (1992), S.D.Ind., 791 F.Supp. 1335, 1342 . 1994Although we do not necessarily agree with Gary's assessment of the Estate's evidence, Gary's argument focuses on the Estate's inability to meet the threshold admissibility requirements pursuant to Porter v. Whitehall Laboratories, (1992), S.D.Ind., 791 F. Supp. 1335, 1342 . | 1 | 1994–1994 |
Perez v. Las Vegas Medical Center
green
2 sentences1994The court concluded, "Since the uncontradicted testimony was that with prompt surgery she would have survived, the conclusion follows that the dispensary doe-tor's negligence nullified whatever chance of recovery she might have had and was the proximate cause of the death." Id. at 633 . 3 Notwithstanding criticism of the Hicks decision, the loss of chance doctrine has been adopted by courts across the country. 4 In Perez v. Las Vegas Medical Center (1991), 107 Nev. 1 , 805 P.2d 589 , the court adopted the rule that "the plaintiff must present evidence tending to show, to a reasonable medical p 1994The court concluded, "Since the uncontradicted testimony was that with prompt surgery she would have survived, the conclusion follows that the dispensary doe-tor's negligence nullified whatever chance of recovery she might have had and was the proximate cause of the death." Id. at 633 . 3 Notwithstanding criticism of the Hicks decision, the loss of chance doctrine has been adopted by courts across the country. 4 In Perez v. Las Vegas Medical Center (1991), 107 Nev. 1 , 805 P.2d 589 , the court adopted the rule that "the plaintiff must present evidence tending to show, to a reasonable medical p | 1 | 1994–1994 |
Watson v. Medical Emergency Services, Corp.
green
2 sentences1994We concluded that even if the court were to adopt the loss of chance theory and apply it to plaintiff's case, plaintiff could not recover because the evidence demonstrated, at best, that the decedent "may have had a slightly less than 50% chance of survival." Id. (citing Watson, 532 N.E.2d 1191 ) In Jablonski, we did not consider the alternative approaches to the loss of chance doctrine that we consider today. 1994We concluded that even if the court were to adopt the loss of chance theory and apply it to plaintiff's case, plaintiff could not recover because the evidence demonstrated, at best, that the decedent "may have had a slightly less than 50% chance of survival." Id. (citing Watson, 532 N.E.2d 1191 ) In Jablonski , we did not consider the alternative approaches to the loss of chance doctrine that we consider today. | 1 | 1994–1994 |
Cooper v. Sisters of Charity of Cincinnati, Inc.
red
2 sentences1994Cooper, 272 N.E.2d at 103 ; see also Dumas v. Cooney (1991), 235 Cal.App.3d 1593 , 1 Cal.Rptr.2d 584 , review denied (1992); Fennell v. Southern Maryland Hosp. 1994Cooper, 272 N.E.2d at 103 ; see also Dumas v. Cooney (1991), 235 Cal. App.3d 1593 , 1 Cal. Rptr.2d 584 , review denied (1992); Fennell v. Southern Maryland Hosp. | 1 | 1994–1994 |
Dayton Walther Corp. v. Caldwell
green
2 sentences1994Dayton Walther Corp. v. Caldwell (1980), 273 Ind. 191 , 402 N.E.2d 1252 . 1994Dayton Walther Corp. v. Caldwell (1980), 273 Ind. 191 , 402 N.E.2d 1252 . | 1 | 1994–1994 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.