An Iowa doctor, Dr. Curtis Hoegh, is accused of accidentally cutting open a tumor removed from her ovary and spilling cancerous tissues or cells into her abdomen. The case fits squarely in cases involving reductions in survivability. In the factual causation ruling of Herskovits v. Group Health Cooperative, a court ruled (and most now do) that a reduction in survivability is still actionable when a doctor failed to diagnose cancer. Thus, even if an individual has less than 50 percent likelihood of survival, he or she can still sue for the reduction in odds due to medical malpractice.
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