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

Timothy Craig Allen

Research output: Contribution to journalReview article

1 Scopus citations

Abstract

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.

Original languageEnglish (US)
Pages (from-to)172-174
Number of pages3
JournalPathology Case Reviews
Volume17
Issue number4
DOIs
StatePublished - Jul 1 2012

ASJC Scopus subject areas

  • Pathology and Forensic Medicine

Fingerprint Dive into the research topics of 'Loss of chance doctrine: An emerging theory of medical malpractice liability'. Together they form a unique fingerprint.

  • Cite this