Lost Chance for a Better Outcome
Landmark Supreme Court case Herskovits v. Group Health was a case where a doctor negligently failed to diagnose cancer. The defense argued that because the cancer patient never had a greater than 50% chance to live, that he could not meet the causation element which requires a more probable than not showing of proof. The court decided that the lost chance of living has a value, and is compensable. Washington law allows for lost chance of a better outcome so long as the lost chance is proven by a preponderance of the evidence.