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What happened in the lower court?
What facts did the court assume were true?
What kind of claim did the widow file?
What were the defendants' responses?
What is the court calling "facts"/elements and what is their legal status?
What is the causation problem in this case?
What is possibility 1?
What is possibility 2?
What is possibility 3 - the one that occurred in this case?
How does the court distinguish this from the cases that used a "substantial factor" analysis?
What is the best that plaintiff can allege in this case?
FYI - § 323. Negligent Performance of Undertaking to Render Services
One who undertakes, gratuitously or for consideration, to render services
to another which he should recognize as necessary for the protection of
the other's person or things, is subject to liability to the other for physical
harm resulting from his failure to exercise reasonable care to perform his
undertaking, if
(a) his failure to exercise such care increases the risk of such harm, or
(b) the harm is suffered because of the other's reliance upon the undertaking.
Therefore, if one renders services for the benefit of another, courts will
impose a duty to exercise care apart from the defendant's actual or constructive
knowledge.
What does the court look at to determine if the plaintiff has stated a proper case for a "lost chance" recovery?
What public policy goal does the traditional causation rule support?
Why is the standard unrealistic from the patient's perspective?
How are damages apportioned in lost chance cases?
Does the court adopt lost chance?
What are the two limitations on lost chance?
What problem does the wrongful death statute pose?
What three examples does the court use to illustrate the problem?
How does the court distinguish the wrongful death statute from the survivorship statute?
What did the court say is the true causation issue?
Does it matter what the chance of survival is for the purpose of stating a cause of action under the wrongful death statute?
Why not?
What statute must the plaintiff use, and why does it allow the cause of action?
What does the court allow the plaintiff to do to correct the flaws in her petition?
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