This Note first chronicles the development of loss of chance in medical malpractice litigation by focusing on the various approaches used by jurisdictions that recognize the cause of action. Second, this Note analyzes the Nebraska Supreme Court’s position on whether or not to recognize loss of chance either as a cause of action or as an element of damages. Finally, this Note examines the valuation of damages and analyzes the policy considerations for adopting loss of chance in a medical malpractice legal regime.
Patrick L. Evatt,
A Closer Look at Loss of Chance under Nebraska Medical Malpractice Law: Steineke v. Share Health Plan, Inc., 246 Neb. 374, 518 N.W.2d 904 (1994),
76 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol76/iss4/12