Studies On The Damage And Compensation Of Loss Of Chance

Few legal scholars in our country are concerned with the loss of chance in medical malpractice.In the legal practices,hardly can compensation for loss of chance of survival or cure be fulfilled,in that it very difficult to recognize the damage in this issues.There are tow paths to solve this problem:firstly,take the loss of chance of survival or cure as one new kind of damage;secondly,abandon the traditional rule of causation,meanwhile,remold a novel causation model.This article has analyzed the character of damage and the rule of causation about the loss of chance doctrine,in the purpose of trying to find the best way on using the loss of chance doctrine.In the side of damage nature cognizance analysis,this thesis provide a cognizance system which is suitable for recognize the damage of loss of chance.In the side of causation analysis,the thesis provides a new rule of causation.Last but not less,the thesis combine the loss of chance doctrine with judicial practice in our country,discuss the transplantation path of loss of chance doctrine and raise a point of application and provide the solution about the application of loss of chance doctrine.