Cahoon v. Cummings

734 N.E.2d 535 (2000)

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Nature of the Case

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Facts

Plaintiff alleged that defendant negligently failed to diagnose and treat decedent’s esophageal cancer. A medical review panel determined that Ds failed to follow the appropriate standard of care but that their conduct was not a factor of the resultant damages. The trial judge instructed the jury that P could recover wrongful death damages in full if the jury determined that Ds’ conduct was a substantial factor in causing the death. The jury awarded the full amount of damages and Ds appealed.