Dickhoff ex rel. Dickhoff v. Green
2013 Minn. LEXIS 309
| Minn. | 2013Background
- Dickhoff parents sue Dr. Tollefsrud and Family Practice Medical Center for allegedly delaying Jocelyn's cancer diagnosis.
- Initial lump on Jocelyn’s left buttock was noticed after birth; lump discussed at various well-baby visits with disputed frequency.
- 1-year well-baby check documented a larger lump; Jocelyn was referred to pediatric specialists and diagnosed with alveolar rhabdomyosarcoma.
- Jocelyn’s cancer advanced to stage IV with metastasis; treated with chemotherapy, surgery, and radiation; recurrence later occurred.
- District court granted summary judgment on past medical expenses and loss of chance; court of appeals reversed; Minnesota Supreme Court granted review.
- Court adopts loss of chance theory, recognizing damages for diminished chance of survival and potential recurrence, with damages measured proportionally.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether loss of chance is cognizable in Minnesota | Dickhoff argues loss of chance is compensable. | Tollesfsrud argues Fabio/Leubner foreclose loss of chance. | Loss of chance is cognizable in Minnesota |
| Causation standard for loss of chance damages | Forman's affidavits show causation beyond speculation. | Court should grant summary judgment on causation. | Genuine issue of material fact on causation exists |
| Damages related to cancer recurrence and future care | Recurrence-related damages may be recoverable with causation shown. | Recurrence damages are not proven caused by negligence. | Remanded for damages determination on recurrence |
| Measurement method for loss of chance damages | Damages should be proportional to lost chance of survival. | Proportional recovery risks overcompensation. | Proportional-recovery approach adopted |
Key Cases Cited
- Fabio v. Bellomo, 504 N.W.2d 758 (Minn. 1993) (loss of chance not recognized in Minnesota)
- Leubner v. Sterner, 493 N.W.2d 119 (Minn. 1992) (loss of chance rejected for comparable facts)
- Matsuyama v. Birnbaum, 452 Mass. 1, 890 N.E.2d 819 (Mass. 2008) (loss of chance doctrine recognized; damage measured by lost chance)
- MacRae v. Group Health Plan, Inc., 753 N.W.2d 711 (Minn. 2008) (rejected loss of chance for reduced life expectancy and recurrence)
- Pietrzak v. Eggen, 295 N.W.2d 504 (Minn. 1980) (future damages in medical cases; evidentiary standards)