Legal Opinion
Cahoon v. Cummings
Indiana Supreme Court
Decided September 1, 2000No. 79S05-0009-CV-513PublishedCited by 91 opinions
1Opinion of the Court
ON PETITION TO TRANSFER
BOEHM, Justice.
Mayhue v. Sparkman, 653 N.E.2d 1384, 1388-89 (Ind.1995), held that where a patient’s likelihood of recovery is less than fifty percent, but negligent treatment increased the risk of loss, a claim may be asserted for that increased risk. We grant transfer and hold that damages for such a claim are to be measured in proportion to the increased risk, and not by the full extent of the ultimate injury.
Factual and Procedural Background
In December of 1991, William T. Cummings sought the treatment of his family doctor, Dr. Robert W. Kohne, for heartburn-like…
2Cases cited20 opinions
- Weymers v. KheraMichigan Supreme Court · 1997
- McKellips v. Saint Francis Hospital, Inc.Supreme Court of Oklahoma · 1987
- Herskovits v. Group Health CooperativeWashington Supreme Court · 1983
- Perez v. Las Vegas Medical CenterNevada Supreme Court · 1991
- Roberts v. Ohio Permanente Medical Group, Inc.Ohio Supreme Court · 1996
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3Cited by91 opinions
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- Kelly v. LevandoskiIndiana Court of Appeals · 2005
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