Edith E. Herkovits vs. Group Health Cooperative of Puget Sound

Edith E. Herkovits vs. Group Health Cooperative of Puget Sound

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Econ 404 09:21:39 rmf34 Edith E. Herkovits (as personal representative) vs. Group Health Cooperative of Puget Sound Judge(s): Court: Supreme Court of Washington (Location, Date): May, 1983. Plaintiff : Edith E. Herkovits Case Summary : Herkovits was untimely diagnosed with lung cancer. The delay in his diagnosis reduced his chance of survival by 14%. It is undisputed that Herkovits had a less than 50% chance of survival at all times herein. A person who undertakes the rendering of services is liable for physical harm caused by failing to exercise reasonable
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Unformatted text preview: care in his undertaking. The court is careful to make sure that even if a person has less than a 50% chance of survival, the caretakers are still liable because they dont want to set the precedent that people with a low chance of survival will get improper care. This is to incentivize doctors to provide all with the same level of care. Defense : Group Health Cooperative of Puget Sound Verdict : The defendants were negligent in not making the diagnosis of cancer. They reduced his chances of survival. Law and Economics Notes :...
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This note was uploaded on 12/11/2007 for the course ECON 4040 taught by Professor Hay during the Fall '07 term at Cornell University (Engineering School).

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