Kurzban Kurzban Tetzeli & Pratt | Attorneys At Law

How does “loss of chance” impact medical malpractice cases?

On Behalf of | Nov 21, 2024 | Medical Malpractice |

The “loss of chance” doctrine has become increasingly common in medical malpractice cases. This legal concept allows patients to sue for damages when a doctor’s negligence reduces their chance of a better outcome, even if full recovery is not guaranteed. This evolving area of law has significant implications for both patients and healthcare providers.

Understanding the loss of chance doctrine

The “loss of chance” doctrine focuses on a doctor’s failure to provide proper care, which leads to a diminished chance of recovery or survival for a patient. Under traditional malpractice law, patients must prove that a doctor’s negligence directly caused harm. With “loss of chance,” patients can claim damages for losing the opportunity for a better outcome, even if other factors contributed to their condition.

Impact on patients and compensation

The rise in “loss of chance” cases has given patients more opportunities to receive compensation when medical errors affect their health prospects. This doctrine is helpful for those whose chances of survival or recovery were less than 50% before the negligence occurred. These patients would have faced significant challenges in getting compensation under traditional malpractice standards. By allowing claims for reduced opportunities, the “loss of chance” doctrine seeks to offer justice to patients who previously had limited legal options.

Increased pressure on healthcare providers

Healthcare providers face greater legal risks because of the increased use of the “loss of chance” doctrine. Doctors must now consider how their actions affect not only a patient’s immediate outcome but also their potential for future recovery. This pressure has led to more defensive medical practices, with providers ordering additional tests and procedures to avoid potential litigation. While this approach aims to prevent lawsuits, it may also contribute to rising healthcare costs.

The rise of the “loss of chance” doctrine highlights the importance of balancing patient rights with fair medical practice. Courts and lawmakers must continue to refine how this doctrine applies to ensure that both patients and doctors receive just treatment under the law.

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