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Smith v. Parrott

Supreme Court of Vermont

833 A.2d 843 (2003)

Relevant factsFree

Dr. Parrott (defendant) diagnosed Smith (plaintiff) with foot-drop but did not urgently refer him to a neurosurgeon, and by the time Smith saw the specialist 11 days later, testimony established his condition had already become complete and irreversible two or three weeks earlier -- meaning the injury likely would have occurred regardless of Parrott's referral timing; the trial court granted Parrott summary judgment, rejecting Smith's attempt to recover under the loss-of-chance doctrine.

IssueFree

Whether the loss-of-chance doctrine must be enacted by the legislature given its significant departure from traditional tort law causation.

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