Survive The Damage Of Lost Opportunities To The Issue Of Compensation Research

In the cases that the patient suffers from low survival ratio disease, the doctor's fault reduces the ratio, and accelerates the deterioration of the patient's conditions or even death. Based on the traditional causation theory, the medical institution can easily shirk the responsibility, but it is unpair to the patient. So, in order to protect the rights of the patient and reasonable share the damage between the patient and the medical institution, loss of chance doctrine comes out. Under this doctrine, chance has value for itself, its lost can be seen as the damage on the torts law. This issue has been broadly discussed in the United States, Japan, European countries and Taiwan district, but this is no concerned regulation in china. This article will introduce the theory and judicial practice of other nations and Taiwan district, and give some advices in view of our current litigation and judicial practice. The article text is divided into five parts.PartⅠ: Outline of the loss of survival chance. This part mainly introduces the origin and the theory foundation of the loss of survival chance, as well as the related judicial practice in other nations and Taiwan district.PartⅡ: Damage ascertaining of the loss of survival chance. This part mainly introduces the related cases in foreign countries and demonstrates the damage ascertaining in the cases of loss of survival chance according to the theory of torts law.PartⅢ: Causation of the loss of survival chance. This part mainly introduces the doctrines of causation, and demonstrates the application in china.PartⅣ: Liability for damages. This part mainly introduces the methods about foreign courts in the calcula tion of damage, the identification of the survival ratio and make some restrictions on the chance that patient can bring a law suit.PartⅤ: Applicability of loss of chance doctrine in china. This part mainly introduces the present legislative condition and the insufficiency, then demonstrates the application in our country.