Edward A. Hyde v. Linus Baxter Martin, III, M.D.

MAXWELL, JUSTICE, FOR THE COURT:

¶1. Edward and Pattie Hyde brought a medical-negligence case based on loss of chance. Their theory was that the treating physician's and hospital's failure to properly test for and timely diagnose Edward's stroke resulted in his not receiving treatment-namely, an injection of Tissue Plasminogen Activator, or "tPA," which they claim would have led to a better stroke recovery.

¶2. The trial court dismissed this claim on summary judgment. On appeal, the Hydes ask this Court to abandon our long-standing precedent on loss of chance. They prefer we allow them to…