Magazine Publishes Article on Lost Chance Doctrine Written by BWMK Lawyers Kevin Burke, David Rashid

BWMK-Logo-blackKevin G. Burke and David J. Rashid, attorneys for noted plaintiffs’ firm Burke Wise Morrissey Kaveny (BWMK), recently authored an article on the “lost-chance doctrine.” The article, titled “How to Harness the Lost-Chance Doctrine,” appeared in the August 2014 issue of Trial (vol. 50, no. 8, pp. 42-47).

BWMK’s trial lawyers are frequently called upon to write for professional journals and other peer publications that focus on personal injury and medical malpractice law.

The lost chance doctrine is designed to protect all plaintiffs from negligent care, they write, not just those plaintiffs who had a better-than-even chance of recovering at the onset.

David J. Rashid

David J. Rashid

Kevin G. Burke

Kevin G. Burke

The article explains the importance of understanding the difference between standards used by different states in applying the doctrine: substantial probability, pure proportional loss of chance, and incremental loss of chance (or “separate cause of action.”)

In addition to fully understanding the law of the jurisdiction, Burke and Rashid conclude that attorneys must focus particularly on the strength of their causation argument, objecting to defense arguments prohibited by state statute, and persuasively explaining the complicated issues involved to a jury.

Burke Wise Morrissey Kaveny has for nearly 20 years represented victims of negligence and their families in a wide range of liability litigation. The firm’s broad knowledge and extensive trial and mediation experience have been instrumental in verdicts and settlements for clients valued in the hundreds of millions of dollars, including $75 million dollars in 2013 and more than $800 million in the past decade.

Attorney Contacts:

Kevin G. Burke, kgb@bwmklaw.com, 312-580-2040

David J. Rashid, djr@bwmklaw.com, 312-580-2040

Media Contact: Denise M. Henderson; denise@mmiconsultingservices.com, 312-848-0067

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