Wollen v. Depaul Health Center

828 S.W.2d 681 (1992)

Facts

Wollen (P) died of gastric cancer. The defendants involved in P's treatment had failed to diagnose or test P properly and would have discovered the cancer earlier and treated it more effectively. Under the facts of the case, P lost a 30% chance of survival and cure. The trial judge dismissed the claim and P appealed.