Become a member and get unlimited access to our massive library of In Mohr v. Grantham, 172 Wn. You can try any plan risk-free for 7 days. The Estate argued that the reduction in the chance of survival from 39 percent to 25 percent was sufficient evidence to allow a jury to consider the proximate cause issue. Professional & Technical . 3. Three days ago, Washington’s Court of Appeals issued a decision explaining the state’s Supreme Court precedents that entitle patients wronged by their doctors to recover compensation for their lost chances to recover from illness: Herskovits v. Group Health Cooperative of Puget Sound, 664 P.2d 474 (Wash. 1983), and Mohr v. A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and. Herskovits v. Group Health Cooperative of Puget Sound. P had less than a 50% chance of survival at all times. 2d 844, 262 P.3d 490 (2011), the Court expanded the “loss of chance of survival” cause of action established in Herskovits v. Group Health Cooperative of Puget Sound, 99 Wn.2d 609 (1983), to situations involving not only the death of the patient, but where the patient becomes permanently disabled. Group Health Cooperative - Wikipedia. PROOF OF CAUSATION Herskovits v. Group Health Coop of Puget Sound, 664 P.2d 474 (Wash. 1983) (Estate of Decedent) v. (Hospital) Procedural Basis: Appeal in tort action from trial court's granting motion for summary judgment. Supreme Court of Washington. All rights reserved. Facts Herskovits consulted Group Health Hospital (GHH) (defendant), operated by Group Health Cooperative of Puget Sound (defendant), complaining of chest pain and coughing. … Case: Herskovits v. Group Health Cooperative of Puget Sound . EN. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Ostrow diagnosed Herskovits with an advanced form of lung cancer. 828 (2013) ..... 10, 13, 14 Herskovits v. Group Health Cooperative of Puget Sound, 99 Wn.2d 609 (1983) ..... 11 McLaughlin v. Attorneys Wanted. Procedural History: MORGAN, J. Herskovits v. Group Health Cooperative of Puget Sound This is the old version of the H2O platform and is now read-only. reversed and remanded, affirmed, etc. Rales and coughing were present. In Mohr, the Washington Supreme Court expanded the cause of action for “loss of chance of survival”, established initially by Herskovits v. Group Health Cooperative of Puget Sound, to cases where a plaintiff suffers a permanent disability. Herskovits v. Group Health Cooperative of Puget Sound. KENNETH YOUNG et al, Petitioners, v. GROUP HEALTH COOPERATIVE OF PUGET SOUND et al, Respondents. Abstract Traditional group and staff model HMOs have contributed to public health investigations for decades. Herskovits died of lung cancer. This is a “pretty tricky little case”. Herskovitz v. Group Health Cooperative Case Brief. By Alex Stein Three days ago, Washington’s Court of Appeals issued a decision explaining the state’s Supreme Court precedents that entitle patients wronged by their doctors to recover compensation for their lost chances to recover from illness: Herskovits v. Group Health Cooperative of Puget Sound, 664 P.2d 474 (Wash. 1983), and Mohr v. Grantham, 262 P.3d […] Herskovits’s wife, as administratrix of his estate (the Estate) (plaintiff), filed a wrongful death suit against GHH. Lord Mackay was aware of the alternative approach adopted by the majority in Herskovits v. Group Health Cooperative of Puget Sound. August v. US Bancorp, 146 Wn. The case differs too from Herskovits v Group Health Cooperative of Puget Sound (1983) 664 P2d 474, to which Lord Mackay referred in Hotson, where the claim was for damages in respect of Mr Herskovits' death. The Plaintiff in this matter, Edith Herskovits (Plaintiff), … It is not required that the P must have had a 51% chance of survival before the negligence. We’re not just a study aid for law students; we’re the study aid for law students. and M.S. PROOF OF CAUSATION Herskovits v. Group Health Coop of Puget Sound, 664 P.2d 474 (Wash. 1983) (Estate of Decedent) v. (Hospital) Procedural Basis: Appeal in tort action from trial court's granting motion for summary judgment. Quimbee might not work properly for you until you. It is assumed that the failure to diagnose caused a 14 percent decrease in his chance of survival. (Loss of chance of recovery is compensable) Facts:D failed to make an early diagnosis of P's lung cancer. CASE BRIEF WORKSHEET Title of Case: Herskovits v.Group Health Cooperative of Puget Sound, SC of WA 1983 Facts (relevant; if any changed, the holding would be affected; used by the court to make its decision; what happened before the lawsuit was filed): Action for professional negligence in the death of P, as a result of failure to timely diagnose lung cancer. Herskovits v. Group Health Cooperative of Puget Sound . The rule of law is the black letter law upon which the court rested its decision. Cancel anytime. This preview shows page 95 - 97 out of 526 pages.. 67. In a typical torts case, the but for test is used; however, here, the D's act or omission failed in a duty to protect against harm from another source. 2d 844, 262 P.3d 490 (2011), the Court expanded the “loss of chance of survival” cause of action established in Herskovits v. Group Health Cooperative of Puget Sound, 99 Wn.2d 609 (1983), to situations involving not only the death of the patient, but where the patient becomes permanently disabled. Beshada v. Johns-Manville Products Corp. 447 A.2d 539 (1983) Bigbee v. Pacific Telephone and Telegraph Co. 665 P.2d 947 (1983) Bily v. Arthur Young & Co. 834 P.2d 745 (1992) Bindrim v. Mitchell. [citation needed] The Seattle Times noted in 2012 that non-profit insurance companies, including Premera Blue Cross, Regence BlueShield, and Group Health, were stockpiling billions of dollars in reserves while increasing their rates at the same time. Herskovits’s chest pain and coughing persisted, and he consulted Dr. Jonathan Ostrow for a second medical opinion. In Mohr v. Grantham, 172 Wn. In mid-1974, there were chest pains and coughing, which became persistent and chronic by … Attorneys Wanted. In early 1974, chest x-rays revealed infiltrate in the left lung. Estate Of Joyce Diane Lapping V. Group Health Cooperative Of Puget Sound. The issue section includes the dispositive legal issue in the case phrased as a question. The complaint alleged that Herskovits came to Group Health Hospital in 1974 with complaints of pain and coughing. If not, you may need to refresh the page. Departments of Health Services, Family Medicine and Medicine, University of Washington, the Center for Health Studies, Group Health Cooperative of Puget Sound, and the Health Services Research and Development Field Program, Seattle Veterans Affairs Medical Center, Seattle, Washington. You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Smith v. Parrott. , Herskovits v. Grp. GENRE. Herskovits v. Group Health Cooperative of Puget Sound representative brief summary 664 P.2d 474 (1983) CASE SYNOPSIS. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. Ct, 99 Wa.2d 609, 664 P.2d 474 (1983) NATURE OF THE CASE: Herskovits (P) appealed the granting of summary judgment to Group … RULE: Damages should be awarded to the injured party or his family based only on damages caused directly by premature death, such as lost earnings, and additional medical expenses, etc. Professional & Technical. This means you can view content but cannot create content. In a wrongful death action, proof that the defendant's conduct increased the risk by decreasing the chances of survival of a plaintiff is sufficient as to the issue of proximate cause. Legal issue in the left lung 1 ) Center for Health Studies, Health. Old version of the concurring judge or justice’s opinion 99 Wa.2d 609 664. The estate that had GHH’s physicians detected the cancer, which was then diagnosed elsewhere 's cancer! 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