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Simple English definitions for legal terms
loss-of-chance doctrine
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A quick definition of loss-of-chance doctrine:
The loss-of-chance doctrine is a rule in some states that allows a person to sue a doctor for medical malpractice even if the malpractice did not directly cause an injury. This rule applies when the malpractice decreases or eliminates the chance of surviving or recovering from a preexisting condition for which the doctor was consulted. It is also known as the lost-chance doctrine or increased-risk-of-harm doctrine.
A more thorough explanation:
The loss-of-chance doctrine is a legal rule that allows a patient to sue a doctor for medical malpractice if the doctor's actions decrease or eliminate the chance of surviving or recovering from a preexisting condition. This rule applies even if the malpractice did not directly cause the injury.
For example, if a patient has a 50% chance of surviving cancer with proper treatment, but a doctor's negligence reduces that chance to 10%, the patient may be able to sue the doctor for the lost chance of survival.
Another example is if a doctor fails to diagnose a condition in a timely manner, and the delay reduces the patient's chance of recovery, the patient may be able to sue the doctor for the lost chance of recovery.
These examples illustrate how the loss-of-chance doctrine allows patients to seek compensation for the harm caused by a doctor's negligence, even if the harm is not immediate or direct.