In Massachusetts, victims of medical negligence can recover damages for reduced chance of survival even if the patient's prospect for recovery was already less than 50 percent. The Supreme Judicial Court decision stemmed from a $1 million award to the estate of a man whose doctor failed to diagnose his stomach cancer. The decision is the first time the Massachusetts court has recognized the “loss of chance” doctrine in a medical malpractice case. Unfortunately, New York is far behind and still does not recognize this right.
