Doctrine of Loss of Chance in Medical Malpractice Cases: Comparative, International and Transnational Aspects

Abstract

The notion of "loss of chance" in cases of civil liability related to medical treatment is a hot topic in numerous national legal systems. Judicial decisions on it are handed down by the highest courts - in the Czech Republic by the Supreme Court and the Constitutional Court.

However, it crosses the boundaries of national law. First, it may form a topic for comparison between individual countries, which face similar challenges and issues.

Secondly, it may be analysed in connection with the application of conflict of laws rules, e.g. with regard to cross-border health care in the EU and beyond. Lastly, its transnational aspects built on the international concept of human rights protection may be discussed.

Keywords

• loss of chance
• civil liability
• medical malpractice
• medical law
• causation
• burden of proof
• human rights