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Simple English definitions for legal terms
lost-chance doctrine
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A quick definition of lost-chance doctrine:
The lost-chance doctrine is a rule that allows a person to make a claim against someone who did not help when they could have, and as a result, the person suffered harm. It is different from the Good Samaritan doctrine, which protects people who do try to help. The lost-chance doctrine can also refer to a person's reduced ability to earn money because of an injury, which can be compensated in a lawsuit.
A more thorough explanation:
The lost-chance doctrine is a legal rule that allows a person to make a claim against someone who failed to help them when they were in danger of being hurt or killed. This rule only applies in certain situations and is different from the Good Samaritan doctrine, which protects people who try to help others.
- If a lifeguard fails to rescue a drowning swimmer, the swimmer's family may be able to use the lost-chance doctrine to sue the lifeguard for not helping.
- If a doctor fails to diagnose a patient's cancer early enough, the patient may be able to use the lost-chance doctrine to sue the doctor for not giving them a better chance of survival.
These examples show how the lost-chance doctrine can be used to hold people accountable for not taking action when they could have helped prevent harm.