Survival Or Cure Damages For Lost Opportunities

In the area of medical malpractice, the issue of damages for loss of chance of survival or cure, in policy, relates to the protection of patients'rights of life and health and proper allocation of loss between patients and medical practitioners; in legal practice, it is concerned with determination of the two arguable elements in loss of chance lawsuit---injury and causation.On this issue, there has been broad discussion in America, Europe, Japan and Taiwan. In China, however, there is no concerned specific law and regulation. Furthermore, the lawsuits in which cause of action is loss of chance of survival or cure and the comments which touch on this issue are both scarce.Employing the comparative analysis method, this article will introduce and analyze the relevant arguments and legal practice in abroad, with the purpose of arousing attention and bringing forth advice in litigation and legal practice to this issue. The main points included in this article are as follows:First, the article looks at the issue's derivation and current situation in domestic and abroad. Second, particular attention is paid to development of pertinent arguments and legal practice in America.Afterwards, the article turns to the negative opinions on the loss of chance doctrine in medical malpractice in America and England.Last but not least, deficiency in Chinese current litigation is analyzed in detail and specific advice is advanced under the current litigation framework.This article features the following: combination of theoretical and positivism analysis method, thoroughness in the analysis of relevant arguments, fullness of legal cases in America and England and irradiative advice in line with Chinese current litigation and legal practice.