Comments on: Med-mal: Massachusetts adopts “loss of a chance” doctrine http://overlawyered.com/2008/07/med-mal-massachusetts-adopts-loss-of-a-chance-doctrine/ Chronicling the high cost of our legal system Tue, 14 Feb 2012 16:26:11 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Ron Miller http://overlawyered.com/2008/07/med-mal-massachusetts-adopts-loss-of-a-chance-doctrine/comment-page-1/#comment-27338 Ron Miller Mon, 18 Aug 2008 14:14:32 +0000 http://overlawyered.com/?p=7321#comment-27338 As you know, I have read and written about this case: http://www.marylandinjurylawyerblog.com/2008/07/lost_of_chance_in_medical_malp.html I really think the logic of the case would certainly apply to any legal malpractice case. I would hate to be the defense lawyer arguing this does not apply in a legal malpractice case. I think the argument is a dead loser. You cite a law review article suggesting that a law student sees it differently. But when you read the actual article, you will find that he does not cite a single state where a court drew a distinction between loss of chance in a legal malpractice context and loss of chance in a medical malpractice context and said one was actionable and one was not. As you know, I have read and written about this case:

http://www.marylandinjurylawyerblog.com/2008/07/lost_of_chance_in_medical_malp.html

I really think the logic of the case would certainly apply to any legal malpractice case. I would hate to be the defense lawyer arguing this does not apply in a legal malpractice case. I think the argument is a dead loser.

You cite a law review article suggesting that a law student sees it differently. But when you read the actual article, you will find that he does not cite a single state where a court drew a distinction between loss of chance in a legal malpractice context and loss of chance in a medical malpractice context and said one was actionable and one was not.

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