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RENZI v. PAREDES

SJC-10051.

452 Mass. 38 (2008)

ANTHONY RENZI, administrator, v. SANTIAGO PAREDES & another.

Supreme Judicial Court of Massachusetts, Essex.

July 23, 2008.

Attorney(s) appearing for the Case

Tory A. Weigand (Peter C. Knight & William J. Davenport with him) for the defendants.

Annette M. Gonthier Kiely (Maura L. Sheehan with her) for the plaintiff.

John J. Barter, for Professional Liability Foundation, amicus curiae, submitted a brief.

Paul F. Leavis, Michael J. Harris, & J. Michael Conley, for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

MARSHALL, C.J.

Today we recognize loss of chance of survival3 as a theory of injury in a wrongful death action predicated on medical negligence, where the decedent's chances of survival were less than even prior to the physician's negligence. See Matsuyama v. Birnbaum, ante 1, 3 (2008) (Matsuyama). See also G. L. c. 229, § 2. In this case, we principally consider whether loss of chance damages are recoverable...

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