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9 J. Health & Biomedical L. 521 (2013-2014)
Losing a Chance to Survive: An Examination of the Loss of Chance Doctrine within the Context of a Wrongful Death Action

handle is hein.journals/jhbio9 and id is 561 raw text is: Journal of Health & Biomedical Law, IX (2014): 521-552 D 2014 Journal of Health & Bionedical Law The Health & Biomedical Society of Suflolk University Law School Losing a Chance to Survive: An Examination of the Loss of Chance Doctrine within the Context of A Wrongful Death Action Brian Casaceli* I. Introduction Imagine a scenario in which an individual travels to his primary care physician for a regular physical. The individual believes himself to be free of any life-threatening issues, but during his visit, tells the physician that he has been experiencing some gastric distress, heartburn, and shortness of breath when eating and lifting.1 Assume further that the individual has particular risk factors of which the treating physician is aware, and which significantly increase the patient's likelihood of being diagnosed with gastric cancer.2 In response to the patient's complaints, the doctor diagnoses the patient with gastrointestinal reflux disease and recommends over-the-counter medications to relieve the patient's symptoms, but opts not to order any additional tests.3 Over the course of the next few months, the patient suffers from moles on his skin that contain bacteria *J.D. Candidate, Suffolk University Law School, 2014; Stonehill College, Political Science, 2011. The author would like to thank his family for their love and support over the years. He would also like to thank his editors for their insights and guidance along this process. Mr. Casaceli may be contacted at bmcasaceli@suffolk.edu. 1The fact pattern associated with this introduction is taken from the facts of Matsuyama v. Bimbaum. See Matsuyama v. Bimbaum, 890 N.E.2d 819, 824 (Mass. 2008). 2 Id. Matsuyama, who had a history of smoking, was of Asian descent and lived in Japan and Korea for the first twenty-four years of his life. Id According to the physician in the case, because of the food that Matsuyama consumed while living in Japan and Korea, he was ten to twenty times more likely to develop gastric cancer as compared to a member of the general population of the United States. Id. 3 Id. The physician followed a similar course of treatment when the patient returned complaining of increased heartburn pain, as well as additional pain when he was eating. Id.

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