In medical malpractice cases competent poof of a diminished chance for a cure or better outcome or increased injury and pain and suffering may be a substantial factor or proximate cause of injury. Part 1 of this article will deal with such evidence as presented in failure to diagnose and treat cancer cases while part 2 of this article will address such evidence as presented in failure to diagnose other medical conditions and illness.
The issue of whether a doctor’s negligence is more likely than not a proximate cause of plaintiff’s injury is usually for the jury to decide. Kallenberg v. Beth Israel Hospital, 45 A.D.2nd 177(A.D.2nd 1974), affirmed 37 N.Y.2nd719 (Court of Appeals).