BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Wednesday, November 30, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

This CLE course will review the "loss of chance" doctrine endorsed in one form or another by the substantial and growing majority of states, the different approaches taken by courts nationwide, how it is evolving, and evidentiary considerations.

Faculty

William A. Ramsey
Partner
Barrett Mcnagny LLP

Mr. Ramsey represents clients on appeals, defends medical malpractice and general liability claims, and litigates business and commercial matters, including disputes related to copyright and trademark rights. He also represents corporate and professional clients with licensing and compliance issues. Mr. Ramsey has jury trial experience and has appeared before the Indiana Court of Appeals, Indiana Tax Court, and the Indiana Supreme Court for oral arguments. 

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Travis Eiva
Trial Attorney
Eiva Law

Mr. Eiva has obtained multi-million-dollar jury verdicts. He regularly settles six and seven-figure cases. Mr. Eiva also has a successful appellate practice in which he appears before the Oregon Supreme Court, the Oregon Court of Appeals, and the 9th Circuit multiple times a year. He has prevailed on cases involving important and ground-breaking issues in professional malpractice, personal injury, insurance law, and constitutional law. Mr. Eiva’s prevailing appellate cases are often considered the lead cases on the issues that they address.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

Unique to medical malpractice, "loss of chance" or "lost chance" theories arise when a doctor's negligence more likely than not deprives the patient of a chance or possibility of a better outcome. Most states that have considered the question have endorsed the loss of chance doctrine in one form or another.

But the law on loss of chance is in flux as more courts abandon the traditional all-or-nothing rule. The law is difficult to navigate due to the different approaches taken by courts around the country. Counsel must recognize when the doctrine is one of causation and when it is one of damages. Calculating damages in such cases is complicated as some courts now take a proportional damages approach.

Further, there remains uncertainty as to whether loss of chance represents a distinct claim that must be specifically pled or whether it is simply an alternative item of damages in the plaintiff's traditional negligence claim--and the answer dictates whether certain defenses are available or not.

Jury instructions can be misleading or confusing for a jury considering a "lost chance" case. Counsel must challenge those and offer substitutes. Furthermore, counsel need to know the exact burden of proof and how damages are calculated.

Listen as the experienced panel of medical malpractice counsel from both the plaintiff and defense sides offers ways to maximize or minimize the loss of chance doctrine in medical malpractice cases.

Outline

  1. Origins of loss of chance
  2. Loss of chance as a proximate causation issue
  3. Loss of chance as a damages issue
  4. The necessity for experts
  5. Calculating damages

Benefits

The panel will review critical issues, such as:

  • What if the patient has a low chance of survival?
  • Is the loss of chance a proximate cause or a damages issue?
  • How are damages calculated?
  • Do pattern jury instructions adequately include loss of chance charges?
  • When must a plaintiff assert a loss of chance claim? How can the loss of chance doctrine be limited (or expanded)?