Loss of chance across different jurisdictions (the why and wherefore)

Abstract

ABSTRACT This article examines the ‘loss of chance doctrine’ with a comparative perspective, across three different jurisdictions: China (where the loss of chance doctrine is in its infancy); continental Europe (in which many countries have adopted loss of chance to solve medical malpractice cases) and Australia (where loss of chance has been excluded by the High Court and is no longer a valid defense for negligence where causation is otherwise difficult to prove). The article compares these three different approaches to establish a line of development, from initial acceptance, through its widespread application, to finish with its judicial rejection, which might be a prediction about the future of this doctrine.