Loss of chance addresses cases where a patient's prospects were already poor and negligence, typically delayed diagnosis, reduced them further. Traditional causation would bar recovery because the patient probably would have suffered the same outcome regardless.
Jurisdictions recognizing the doctrine allow recovery for the lost chance itself, frequently measured as a percentage of full damages corresponding to the reduction in probability.
Alternative Names:
Lost Chance Doctrine, Loss of Chance of Survival
Why it Matters?
The doctrine determines whether an entire category of delayed cancer diagnosis cases is viable. In states rejecting it, a patient whose survival probability fell from forty percent to ten percent recovers nothing because survival was never more likely than not. In states adopting it, the same facts support a substantial claim. This is among the most consequential jurisdictional splits in malpractice defense.
Frequently Confused with
Related terms
Frequently asked questions
Why does loss of chance exist?
How are damages calculated?
