Aasheim v. Humberger

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the trier of fact determines whether a defendant's negligence was a substantial factor in reducing plaintiff's chance of obtaining a better result
• finding that the “trier of fact should determine whether defendant’s negligence was a substantial factor in reducing plaintiff's chances of obtaining a better result''
• noting that loss of chance “recognizes the realities inherent in medical negligence litigation”
• evidence that defendant failed to diagnose and treat knee tumor held sufficient to raise jury issue whether negligence was substantial factor in causing replacement of knee with prosthetic device
• evidence that defendant failed to diagnose and treat knee tumor held sufficient to raise jury issue whether negligence was substantial factor in causing replacement of knee with prosthetic device
• patient allowed to sue for lost chance of recovery

Source: CourtListener parenthetical corpus (CC0).