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Cahoon v. Cummings

Indiana Supreme Court
734 N.E.2d 535 (2000)


Facts

Cahoon (plaintiff) was diagnosed with and died from esophageal cancer. Suit was brought on his behalf. It was alleged that Cahoon’s physicians (the physicians) (defendants), including Cummings, negligently failed to diagnose and treat his cancer. After a jury trial, the trial court instructed the jury that Cahoon could recover if the jury found that the physicians’ negligence was a “substantial factor” in causing Cahoon’s death. The jury returned a verdict for Cahoon for the full amount of damages. The physicians appealed.

Rule of Law

Issue

Holding and Reasoning (Boehm, J.)

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