Pipe v. Hamilton, 274 Kan. 905

Summary

The Supreme Court of Kansas considered whether a plaintiff may pursue a medical-malpractice loss-of-chance claim when the patient had a 5% to 10% chance of survival with appropriate treatment. The court held that a 10% chance of survival is not token or de minimis as a matter of law and is sufficient to withstand summary judgment under Kansas's substantial-chance standard. The court reversed the grant of summary judgment and remanded the case.

Holdings

1. A loss of a 10% chance of survival cannot be deemed token or de minimis as a matter of law and is sufficient to satisfy the substantial-chance threshold for a Kansas medical-malpractice loss-of-chance claim.
2. Summary judgment was improper because Pipe presented evidence sufficient to create a prima facie loss-of-chance claim and a genuine issue concerning causation.

Questions Presented

1. Whether a plaintiff may proceed with a Kansas medical-malpractice loss-of-chance claim when expert testimony establishes only a 5% to 10% chance of survival with appropriate treatment.
2. Whether the district court properly granted summary judgment on the ground that a 5% to 10% chance of survival was not substantial as a matter of law.

Disposition

reversed_and_remanded