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Smith v. Parrott

Supreme Court of Vermont
833 A.2d 843 (2003)


Smith (plaintiff) lost the use of his left foot. He went to see Dr. Parrott (defendant). Parrott diagnosed Smith with a neurological condition called foot-drop. Parrott referred Smith to a neurosurgeon, with whom Smith met 11 days later. The neurosurgeon informed Smith that his condition had deteriorated to the point that the foot condition had become permanent. Smith filed a medical malpractice suit against Parrott, alleging that Parrott negligently failed to advise Smith that he needed to see a neurosurgeon immediately, resulting in the foot condition becoming permanent. At trial, the neurosurgeon testified that Smith’s condition was complete and irreversible two or three weeks before his examination. Parrott moved for summary judgment. The trial court granted the motion, rejecting Smith’s attempt to recover based on the loss-of-chance doctrine. Smith appealed.

Rule of Law


Holding and Reasoning (Allen, J.)

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