Herskovits v. Group Health Cooperative case brief summary
F: TC granted motion for SJ in favor of D, hospital
D negligently failed to diagnose P’s cancer on his first visit to D and proximately caused a 14 percent reduction in his chances of survival. P had less than a 50 percent chance of survival at all times.
I: Whether a patient, with less than a 50 percent chance of survival, has a cause of action against the hospital and its
employees if they are negligent in diagnosing a cancer which reduces the chances of survival
R: Neg. can be established where probably reduction in the decedent's chance for survival can be proven, even though the decedent would not have lived to normal life expectancy.
C: reversed
F: TC granted motion for SJ in favor of D, hospital
D negligently failed to diagnose P’s cancer on his first visit to D and proximately caused a 14 percent reduction in his chances of survival. P had less than a 50 percent chance of survival at all times.
I: Whether a patient, with less than a 50 percent chance of survival, has a cause of action against the hospital and its
employees if they are negligent in diagnosing a cancer which reduces the chances of survival
R: Neg. can be established where probably reduction in the decedent's chance for survival can be proven, even though the decedent would not have lived to normal life expectancy.
C: reversed
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