Kenneth E. Scott v. State Indiana

Mayhue v. Sparkman, 653 N.E.2d 1384, 1388-89 (Ind. 1995), held that where a patients likelihood of recovery was less than fifty percent, but negligent treatment increased the risk of loss, a claim may be asserted for that increased risk. We grant transfer and hold that damages for such a claim are to be measured in proportion to the increased risk, and not by the full extent of the ultimate injury.