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What price a chance?

Published online by Cambridge University Press:  02 January 2018

Mark Lunney*
Affiliation:
King's College, University of London

Extract

One of the more vexed questions for tort lawyers in recent times has been whether recovery in negligence lies for the what has been described as the ‘loss of a chance’. The exact definition of ‘loss of chance’ is unclear, but it is generally accepted that it refers to the loss of an opportunity to obtain or receive a desired outcome; for example, recovery from a personal injury. Accordingly, where a patient receives negligent medical treatment in circumstances where, even if the treatment was properly carried out, that patient might not have been cured it is said that the patient has lost the chance of being cured as a result of the treatment.

Information

Type
Research Article
Copyright
Copyright © Society of Legal Scholars 1995

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