Cohan v. Medical Imaging ConsultantsAnnotate this Case
Appellants Mary and Terry Cohan brought a medical malpractice action against Appellees alleging that Appellees’ negligent treatment caused Mary’s breast cancer to progress undiagnosed for one year, which led to Mary suffering damages from a shortened life expectancy and physical and mental suffering. Appellees moved for a directed verdict on the basis that Appellants failed to make a prima facie case of causation and damages against them. The district court granted the motion, concluding that there was no sufficient proof of damage or causation other than the loss of chance of a lower rate of non-recurrence, which did not constitute a proper measure of damage at the time. The Supreme Court affirmed in part and reversed in part and remanded for a new trial, holding (1) this court declines to adopt the loss-of-chance doctrine; but (2) Appellants presented evidence that could have sustained a finding for Mary on the issue of damages under the traditional medical malpractice standard.