Loss of chance doctrine: An emerging theory of medical malpractice liability

Traditional medical malpractice law requires plaintiffs, to be successful in a lawsuit, to show proximate cause, that is, to prove that the defendant physician's actions more likely than not caused the patient's injuries. The loss of chance doctrine views a person's prospect for surviving a serious medical condition as something of value, even if the possibility of recovery was less than 50%. The loss of chance doctrine is controversial, and both proponents and opponents have strong arguments regarding courts' instituting it in medical malpractice cases. These arguments, and the potential future of the theory in medical malpractice cases, are discussed.