lost-opportunity doctrine

lost-opportunity doctrine

Medical liability A legal doctrine which holds that a missed chance to diagnose, and therefore treat, a particular condition can be negligent–ie, wrongful, even if it does not result in death
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The loss-of-chance doctrine, also referred to as the lost-opportunity doctrine, "allows a plaintiff to recover when the defendant's negligence possibly, i.e., a probability of 50 [percent] or less, caused the plaintiff's injury." (25) A total of 26 jurisdictions now accept and apply the loss-of-chance/lost-opportunity doctrine in medical malpractice litigation.
Approaches to Loss-of-Chance/ Lost-Opportunity Doctrine. Although the majority of jurisdictions have now adopted the loss of chance doctrine, these courts have been unable to apply a uniform approach.