Reversed the South Dakota Supreme Court’s adoption of the “loss of chance” doctrine in a July 2000 decision. That doctrine allows a plaintiff to recover for damages upon a showing by a majority of evidence that a doctor’s negligence reduced a patient’s chance of recovering from an illness or injury. The amount of damages recoverable under the doctrine depends on the extent to which the doctor’s negligence contributed to the loss. The previous law permitted a plaintiff to recover for all damages for loss of chance of recovery upon a showing that a greater than 50 percent chance existed that the doctor’s negligence caused the plaintiff’s loss of chance of recovery. The previous law barred recovery upon a showing of a 50 percent or less chance of causation.
Abolishing the “Loss of Chance” Doctrine: HB 1164 (2002)
Reversed the South Dakota Supreme Court’s adoption of the “loss
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Congressional Hearing on Bankruptcy to Address Mass Tort Litigation
ATRA Reiterates Support for Chapter 11 Bankruptcy Use to Address Mass Tort Litigation, Urges Meaningful Dialogue Amid Senate Judiciary Committee Hearing
Climate Lawsuits Don’t Belong In State Courts
By maintaining the clear distinction between the judiciary and policymaking, the court can help us navigate this critical issue with prudence and responsibility, safeguarding a sustainable future for all.
House Oversight Hearing on Third-Party Litigation Financing Applauded by ATRA
The lack of oversight and transparency around third-party litigation funding threatens the integrity of our legal system
Georgia Legislature Needs to Address Lawsuit Abuses
Together, let’s forge a legal landscape that makes equitable access to justice a living reality for all Georgians.
Private Attorneys Hired by State Should Not Reap a Windfall at Taxpayers’ Expense
This is an opportunity to reassess the practices and regulations surrounding private-attorney contracting and to enact reforms that promote fairness, transparency and value for taxpayer dollars.
ATRA Applauds 4th Circuit’s Denial of En Banc Review in Bestwall Litigation
Allowing the company to continue the bankruptcy process will help ensure equitable and efficient resolution in complex mass tort claims