The Loss of a Chance Theory in Medical Malpractice Cases: An Overview
![handle is hein.journals/amjtrad13 and id is 599 raw text is: The Loss of a Chance Theory in
Medical Malpractice Cases: An
Overview
Introduction
The purpose of this Note is to provide an overview of the
loss of a chance theory of recovery in medical malpractice
cases. For the uninitiated reader, the loss of a chance theory
entitles a plaintiff to recover for any negligence that causes
an aggravation, or delay, in the proper treatment of a preex-
isting condition, disease, or illness.' This Note discusses
cases and other sources of information examining the
theory.
The loss of a chance theory is most controversial when
viewed alongside traditional models of tort causation. After
analyzing the controversy, this Note addresses the majority
and minority views on the theory and the public policy as-
pects of each view. Finally, the Note looks at the method by
which a court should determine damages under the theory.
. 1. For two early cases dealing with the loss of a chance concept see Kuhn v.
Banker, 133 Ohio St. 304, 315, 13 N.E.2d 242, 247 (1938) (Loss of chance of
recovery, standing alone, is not an injury from which damages will flow.), and
Craig v. Chambers, 17 Ohio St. 254 (1867). The Craig court stated:
[A]ny want of the proper degree of skill or care which diminishes the
chances of the patient's recovery, prolongs his illness, increases his suf-
fering, or, in short, makes his condition worse than it would have been
if due skill and care had been used, would, in a legal sense, constitute
injury.
Id. at 261.](ViewImageLocal?handle=hein.journals/amjtrad13&div=31&collection=&method=preview&ext=.png&size=3)
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The Loss of a Chance Theory in Medical Malpractice Cases: An Overview
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