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“Loss of chance,” which is arguing what might have been if medical treatment or diagnosis had taken place earlier or been properly carried out, has been an available legal tactic for plaintiffs for decades; however, it was a relatively dormant legal theory in past years because courts limited how and when it could be used. Now it is becoming popular with plaintiff’s attorneys again, and some defense attorneys say it is even more threatening now.

Warning! ‘Loss of chance’ theory becoming a growing threat in malpractice