Study On Compensation For The Loss Of Survival Chance

Medical negligence that did not directly cause the death of the victim, but only exacerbated the deterioration of their disease, resulting in the victim’s chance of survival decline, is the loss of survival chance. According to the traditional theory of causation and the high degree of probability rules of evidence, the victim has to prove that the probability of medical negligence led to damage is over50%,only after which causation can be proved. While for those patients whose chance of survival is less than50%, since their chance is low, the fact of causation cannot be proved, so they will not obtain indemnity, which is a matter of unfairness. The extraterritorial generally provide relief by redefining the concept of damage and reducing the standard of proof of causation, but these treatments often impose heavy responsibility on medical institutions.In this paper, based on the traditional causation rules defects, the elements of indemnity for loss of survival chance will be analyzed, and the conclusion will be drawn that proportional causation should be a complement to the traditional one. Apply the traditional causation theory to those with survival chance over50%. While those under50%should not be confined to the traditional one, but only need to prove the percentage of probability of causation, by which the medical institutions share the responsibilities respectively. Meanwhile, those types including those mere medical negligence leading directly to death, and the development and change of disease itself should be excluded from the indemnity system for loss of survival chance.