The Loss of Chance Doctrine C
نویسنده
چکیده
Daniela Stallone Assistant Vice President, Claims Medical Liability Mutual Insurance Company The cases presented in this issue involve the legal doctrine of the “loss of chance.” The plaintiffs in both cases alleged that the negligence of, and delay in diagnosis by, the treating physician was a “substantial factor” in causing their injuries. Expert testimony for the plaintiff will often state that plaintiff ’s chance of survival would have been better if diagnosed earlier, and they may even include a percentage improvement in the chance of survival if the malpractice had not occurred. Under this doctrine, before the case is sent to the jury at the end of testimony, a plaintiff ’s lawyer will request that the court charge the jury to decide whether the plaintiff would have survived or not suffered the injuries claimed if he/ she had received proper and timely treat-
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