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Lost Chance Doctrine

Navigation:  Home > Medical Malpractice > Lost Chance Doctrine

 

The Lost Chance, or loss of chance, doctrine in medical malpractice actions refers to the injury sustained by a patient whose medical providers negligently deprived the patient of a chance to survive or recover from a health problem, or where the malpractice lessened the effectiveness of treatment or increased the risk of an unfavorable outcome to the patient. It allows a plaintiff to recover in proportion to her chance of survival prior to the allegedly negligent treatment. To prove loss of chance, the plaintiff must show: that the decedent had in fact been deprived of a chance for successful treatment and that the decreased chance for successful treatment more likely than not resulted from the defendant's negligence.

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