Auster v. Strax Breast Cancer Institute

How courts have described this case

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

• holding delay in cancer diagnosis is a concurring cause that may give rise to liability for aggravation of a pre-existing condition
• adopting Orange County v. Piper, 523 So.2d 196 (Fla. 5th DCA 1988)
• court erred in failing to give aggravation instruction; if jury determined that physicians negligently delayed diagnosis during the early stages of plaintiff's breast cancer, any aggravation or increase in the injury after that time would constitute a compensable injury
• court erred in failing to give aggravation instruction; if jury determined that physicians negligently delayed diagnosis during the early stages of plaintiffs breast cancer, any aggravation or increase in the injury after that time would constitute a compensable injury

Source: CourtListener parenthetical corpus (CC0).