Section 16 Pleading Loss of a Chance

• Library: Damages 2012

A cause of action for lost chance of recovery or survival must be brought under the survivorship statute. Section 537.020, RSMo 2000. When wrongful death or negligence cases have evolved into “lost chance” actions, courts have been fairly liberal in permitting plaintiffs to amend the pleadings and bring the cause as a personal representative instead of as an individual. See, e.g., Carter v. Pottenger, 888 S.W.2d 710 (Mo. App. S.D. 1994); Holloway v. Cameron Cmty. Hosp., Inc., 18 S.W.3d 417 (Mo. App. W.D...