Cahoon v. Cummings

The majority observes, correctly I believe, that the Indiana Supreme Court in Mayhue v. Sparkman (1995) Ind., 653 N.E.2d 1384 held the following: (1) That Indiana adopts Restatement (Second) of ToRts § 323 with regard to medical malpractice claims; (2) That in such instances, we no longer look to traditional proximate cause analysis requiring denial of recovery unless the injury or harm claimed would not have occurred “but for” the defendant’s negligence; (3) That given a pre-existing condition which more probably than not would have caused the resultant harm, e.g. death, a claimant may…