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BAER v. REGENTS OF UNIVERSITY OF CAL.

No. 18,560.

972 P.2d 9 (1998)

126 N.M. 508

1999-NMCA-005

Jo BAER, Personal Representative of the Estate of Helmut W. Baer, Deceased, Plaintiff-Appellant, v. REGENTS OF THE UNIVERSITY OF CALIFORNIA, Defendant-Appellee.

Court of Appeals of New Mexico.

October 30, 1998.

Attorney(s) appearing for the Case

Ray Tabet, Ray Tabet Law Offices, Albuquerque, Charles G. Berry, Charles G. Berry & Associates, P.A., Albuquerque, for Appellant.

Bradford C. Berge, Campbell, Carr, Berge & Sheridan, P.A., Santa Fe, for Appellee.

OPINION

BOSSON, Judge.

{1} In this medical negligence appeal we examine the question of causation and recovery of damages based on a so-called "loss of a chance."1 We discuss the circumstances under which the victim of a negligent misdiagnosis of a preexisting medical condition, like a terminal disease, may recover, at least partially, for wrongful death, even when the victim's chance of recovery with a correct diagnosis...

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