This section contains the nature of the case and procedural background.

P suffered a broken neck in an automobile accident. P was treated at the Lakes Region General Hospital by Ds. D contends that because Ds negligently misdiagnosed her spinal cord injury, they failed both to immobilize her properly and to administer steroid therapy, causing her to lose the opportunity for a substantially better recovery. P alleges that she continues to suffer significant residual paralysis, weakness, and sensitivity. P sued Ds. On Ds' motion to dismiss, P offered proof that her expert would testify that Ds' negligence deprived her of the opportunity for a substantially better recovery. P conceded that her expert could not quantify the degree to which she was deprived of a better recovery by their negligence. The trial court granted the motion and P appealed.

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