A Study Of Compensation For Patients’ Loss Of Opportunity In Medical Tort

Loss of patient opportunity means that a patient’s chances of survival or cure are reduced or even lost due to the fault of a healthcare provider in the examination or treatment process during a patient’s visit to a medical institution,which fails to treat the patient correctly and effectively in a timely manner.The theories and related litigation were first seen in some developed countries in Europe and the United States and are now slowly affecting countries around the world.The legal and political controversy over damages in such cases is still ongoing.Loss of opportunity cases for patients are also on the rise in our practice,prompting reflection on the issue of compensation for their damages.By studying the concepts related to loss of opportunity of patients,discussing the basis of their rights and interests and the composition of liability in such cases,and taking into account the current situation in China’s judicial practice,it reveals the real problems in China in cases of loss of opportunity of patients,mainly the lack of clear legal provisions making it difficult to deal with relevant cases,the defects in the determination of causality,the unreasonable division of liability in relevant cases and the ambiguity of damages,etc.In response to the above problems,China should make some improvements,mainly including: first,to include the loss of opportunity of the patient into the legal protection,so that there is a basis for handling the case;second,based on the traditional causality determination standards to keep up with the times,combining the traditional causality with proportional causality,so that the causality judgment of relevant cases is more reasonable;third,through the establishment of a unified and clear expert evidence determination standards,so that judges in By establishing a unified and clear standard for the determination of expert evidence,judges can accurately clarify the responsibilities of all parties in specific cases,and build a unified and clear standard for the division of responsibilities;fourth,clarify the scope of damages in cases of loss of opportunity for patients,and the calculation of damages should combine the use of proportional compensation and the discretionary approach of judges,so as to better protect the loss of opportunity for patients.