On April 11, 2022, FAVROS appellate lawyer Amanda Thorsvig successfully defeated a challenge in the Court of Appeals to legal precedent requiring a plaintiff claiming lost chance of a better outcome to produce expert medical testimony on the percentage lost chance that the plaintiff alleged the defendant’s actions caused. The decision upheld the trial court’s summary judgment dismissal of the plaintiff’s lawsuit against a hospital based on plaintiff’s expert not providing a percentage of the lost chance, and in doing so, rejected plaintiff’s constitutional challenge to this requirement as an invasion of the jury’s right to determine damages. This marks Amanda’s sixth straight win in the Court of Appeals upholding favorable trial court decisions for her clients and establishing pro-healthcare provider legal precedent for future cases.
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