Baer v. Regents of the University of California

OPINION

BOSSON, Judge.

{1} In this medical negligence appeal we examine the question of causation and recovery of damages based on a so-called “loss of a chance.” 1 We discuss the circumstances under which the victim of a negligent misdiagnosis of a preexisting medical condition, like a terminal disease, may recover, at least partially, for wrongful death, even when the victim’s chance of recovery with a correct diagnosis would have been less than 50%. In this case the district court applied an appropriate legal theory of recovery, but it nonetheless directed a verdict for Defendant because…