The theory allows a factfinder to find causation where the defendant's conduct increased the risk of harm that materialized, without requiring proof that the harm would not have occurred otherwise.
It is applied most often in medical negligence involving delayed diagnosis.
Alternative Names:
Enhanced Risk, Risk Increase Theory
Why it Matters?
The theory relaxes the traditional requirement that causation be more likely than not, which is why jurisdictions differ sharply on adopting it. Where recognized, a plaintiff whose survival probability fell from thirty to ten percent may reach a jury despite never having been more likely than not to survive. Loss of chance is the related doctrine addressing the same problem through a damages rather than causation mechanism.
Frequently Confused with
Related terms
Frequently asked questions
How does the theory change the burden?
How does it relate to loss of chance?
