Cahoon v. Cummings
Indiana Supreme Court
734 N.E.2d 535 (2000)
Cahoon (plaintiff, through his estate) died of esophageal cancer allegedly negligently undiagnosed by his physicians, including Cummings (defendant); expert testimony established Cahoon had only a 25% to 30% chance of survival even with timely diagnosis at his first visit. The jury was instructed it could find liability if the physicians' negligence was a substantial factor in causing death, and it awarded the full amount of damages; the physicians appealed.
Whether a doctor can be held liable, under a loss-of-chance theory, for a patient's diminished chance of survival even where the doctor's negligence was not a substantial factor in causing the patient's death, and if so, how damages should be measured.