Research On Compensation For Loss Of Chance In Medical Infrigement

Loss of chance in medical tort refers to the loss of chance to prolong life and maintain health for patients with underlying diseases after negligent diagnosis and treatment.The medical institution shall be liable for the loss of chance to the patient.If the patient’s chance of survival or cure is reduced to 0 because of negligent diagnosis and treatment,it means that the patient’s right to life is damaged.If the patient’s chance of survival or cure is not reduced to zero,it means that the patient’s right to health is impaired.At this time,the patient’s damaged chance benefit can be protected through the path of personality right.Patient survival or cure chance itself has independent value,and the legal relief for patients and their close relatives urged chance interest,comparison method for our country to protect the survival or cure opportunities,provides the useful reference for the development of evidence-based medicine proportion also makes the calculation of the loss of chance,so the civil tort responsibility make up the loss of the chance to provide relief for there is no obstacle.In determining the composition of the liability for loss of chance,there should be objectively negligent diagnosis and treatment of action or omission,damage of loss of chance,considerable causal relationship between action and damage,and subjective negligence of the actor.In the calculation of the loss of chance compensation,the chance ratio of the patient’s loss should be multiplied by the additional loss caused by the tort(including property loss and mental loss).It is calculated on the basis of the percentage of chance that a patient will be impaired,the underlying loss due to an existing disease,and the additional loss due to a tort.