Posted on Monday, January 30th, 2012 at 5:15 pm
A Minnesota couple recently filed suit against a doctor who failed to diagnose their 5-year old daughter with cancer for a year. According to the misdiagnosis lawsuit, the physician’s delayed diagnosis decreased her chances of survival from 60 percent to 40 percent. Now, doctors estimate the girl has a 5 percent chance of surviving.
A lower court would not hear the case because of a “reduced-chance” law in Minnesota that prevents misdiagnosis cases from being heard unless the victim’s chances of survival are less than 50 percent. The lower court felt that the child’s chance of survival was still likely, and that their claim fell under the state’s “reduced-chance” law, preventing them from being able to address the case.
However, the parents appealed to a Minnesota Court of Appeals, which ruled that the case could proceed because their daughter’s chances of survival were made unlikely by the doctor’s negligence.