Weymers v. Khera

I agree with part II of the majority opinion. The trial court did not abuse its discretion in finding that plaintiffs’ first amended complaint inadequately notified defendants that plaintiffs sought damages for pulmonary injuries. Moreover, the trial court did not abuse its discretion in denying plaintiffs’ motion to amend because of its late date. However, I respectfully dissent with respect to part I of the majority opinion. I would recognize a cause of action for the loss of an opportunity to avoid physical harm less than death.

Generally, in an action alleging medical malpractice, the…