Simple English definitions for legal terms
Read a random definition: denaturalization
The chance-of-survival doctrine is a rule that says if someone's actions caused someone else's death, the person responsible can be held accountable even if the victim only had a small chance of surviving. This means that if the victim could have lived if not for the actions of the person responsible, they can be held responsible for the death.
The chance-of-survival doctrine is a legal principle that applies in wrongful death cases. It states that a plaintiff only needs to prove that the defendant's actions were a significant factor in causing the victim's death. In other words, if the victim had a chance of surviving but for the defendant's conduct, the defendant can be held liable for the death.
For example, suppose a doctor fails to diagnose a patient's cancer in its early stages, and the patient dies as a result. Even if the cancer was advanced and the patient had a low chance of survival, the doctor can still be held liable if the patient would have had a better chance of survival with early detection and treatment.
In another example, a driver runs a red light and hits a pedestrian who is already in poor health. The pedestrian dies from their injuries, but the driver argues that the pedestrian's poor health was the main cause of death. However, if it can be shown that the pedestrian would have survived the accident if not for the driver's negligence, the driver can still be held liable for the death.
These examples illustrate how the chance-of-survival doctrine can be applied in different situations. It allows plaintiffs to hold defendants accountable for their actions, even if the victim's chances of survival were not high to begin with.