Medical Negligence: Liability In Cases Of Loss Of Chance

Vidhi Sanghvi, Kirit P. Mehta School of Law

ABSTRACT

The growing uncertainty and difficulty faced in the cases of medical negligence where the harm suffered by the patient is a ‘loss of chance’ shows the need for a radical change in the present legislation. The major question that arises is whether the duty of the professional changes based on the pre- existing condition of the patient. The deficiency in providing the patient with surviving chances of less than 50% with the same recourse as given to the patient with surviving chances of more than 50% shows the law as insufficient in this aspect. The article analyses one of the significant cases of loss of chance i.e., the case of Hotson v. East Berkshire, 1987. Furthermore, there are several other factors, which should be taken into consideration while deciding on such cases. Hence, the article also discusses the application of the Eggshell skull theory in these instances.