Renzi v. Paredes

Today we recognize loss of chance of survival3 as a theory of injury in a wrongful death action predicated on medical negligence, where the decedent’s chances of survival were less than even prior to the physician’s negligence. See Matsuyama v. Birnbaum, ante 1, 3 (2008) (Matsuyama). See also G. L. c. 229, § 2. In this case, we principally consider whether loss of chance damages are recoverable where the physicians’ negligence reduced the decedent’s chances of survival from a better than even chance to one less than even, and where the jury found the defendant physicians not liable for…