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CAHOON v. CUMMINGS

No. 79S05-0009-CV-513.

734 N.E.2d 535 (2000)

Jeffrey S. CAHOON, M.D. and Shari A. Kohne and Edward L. Kennedy, Co-Executors of the Estate of Robert W. Kohne, M.D., Appellants (Defendants Below), v. Glessie Joann CUMMINGS, wife of the deceased, William T. Cummings, Appellee (Plaintiff Below).

Supreme Court of Indiana.

September 1, 2000.

Attorney(s) appearing for the Case

Kevin C. Schiferl, Robert W. Wright, Julia Blackwell Gelinas, Steven J. Cohen, Kathryn A. Elias, Indianapolis, Indiana, Attorneys for Appellants.

Terry Kaiser Park, Indianapolis, Indiana, Attorney for Appellee.

Defense Trial Counsel, Ross E. Rudolph, James D. Johnson, Evansville, Indiana, Amicus Curiae.

Indiana Trial Lawyer Association, Jerry Garau, Mary A. Findling, Indianapolis, Indiana, Amicus Curiae.

ON PETITION TO TRANSFER

BOEHM, Justice.

Mayhue v. Sparkman, 653 N.E.2d 1384, 1388-89 (Ind.1995), held that where a patient's likelihood of recovery is less than fifty percent, but negligent treatment increased the risk of loss, a claim may be asserted for that increased risk. We grant transfer and hold that damages for...

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