Where "a plaintiff claims that a [medical provider's] acts or omissions decreased his or her chances of survival or cure, there is legally sufficient evidence of causation as long as the jury can infer that it was probable that some diminution" in survival occurred. Gonzalez, 2020 WL 1548067 at *5 (quoting Mi Jung Kim v. Lewin, 108 N.Y.S.3d 25, 27 (2d Dep't 2019)). Under this doctrine, a medical malpractice plaintiff may "recover damages for the reduction in the odds of recovery attributable to a defendant, even when that reduction is less than fifty percent."

Where “a plaintiff claims that a physician's acts or omissions decreased his or her chances of survival or cure, there is legally sufficient evidence of causation as long as the jury can infer that it was probable that some diminution in the chance of survival or cure has occurred.” Mi Jung Kim v. Lewin, 108 N.Y.S.3d 25, 27 (2d Dep't 2019). This is called the “loss-of-chance doctrine.”

" Id. (alteration in original) (citation omitted); see alsoMi Jung Kim v. Lewin , 175 A.D.3d 1286, 1288, 108 N.Y.S.3d 25 (2d Dep't 2019) ("[Where] a plaintiff claims that a physician's acts or omissions decreased his or her chances of survival or cure, there is legally sufficient evidence of causation ‘as long as the jury can infer that it was probable that some diminution’ " in the chance of survival or cure had occurred.’ " (citations omitted)).