An Research On The Damages Of Loss-of-a-Chance Doctrine

An American Scholar who names Joseph King raised the theory which isLoss-of-a-Chance Doctrine in1981.The Main standpoints and conclusions of his theoryis that the lost chance in the medical tort cases is as the damages.The victim just needprove the causation between the infringement act and the consequences of the damage.Simultaneity, the method for calculating of damages is "proportional valuation" method.This theory can ease the problems of the causation, but the theory itself still has somedefects. So this paper will modify these problems. The main contents including: First,on the Anspruchsnomengrundlage, opportunity benefit has been classified as the kind ofthe personality rights. To whether patients dead for the standard, if the patients dead, itis the violationsoftherighttolife; if the patients without death, he would be violated theright to health; Second, this paper disagree that regard the lost chance as the damage. Iwill divided the damage into the direct damage and indirect damage, and regard thedeath and mayhem of the patients as the direct damage, and the other damage caused bythis is the indirect damage, it includes the future salary income of the patients, and thecompensation of the raise people’s living cost; Then, this paper will use the proportioncausal, according to the causative potency to assign responsibilities; At last, this paperwill use the method for calculating is “Attribution risk”, the method will according tothe causative potency to calculate the amount of damages.