The Washington Supreme Court in Mohr v. Grantham held that the “lost chance doctrine” applies to cases that not only involve death, but also serious personal injury.
This is an important victory for victims of medical malpractice. Without the lost chance doctrine, doctors were able to argue that patients would have died anyway notwithstanding any negligence on their part. Washington courts, however, rejected this argument, holding that liability is attached to a negligent doctor if his or her conduct deprived the patient of a chance to survive.
However, before Mohr, the lost chance doctrine only applied to patients that died. Now, under Mohr, the lost chance doctrine can be applied to serious personal injury.