The theory of loss of chance in medical liability applied within Brazilian jurisprudence.
The loss of chance doctrine arose in order to ensure full recovery of damages for the victims of medical negligence. In the doctor-patient relationship, the doctor performance may harm the patient in many different ways, giving rise to a range of injuries of different nature, including the injury caused by loss of the chance of cure or survival, which directly affects the patients' lives and health. Although this theory is not found in any enacted Brazilian law, and despite the resistance to its implementation due to the difficulty of its measurement and the calculation of the monetary damages, a gradual advancement in the application of the concept has been observed in recent years, showing that the Right to protect the dignity of the human person has been increasingly witnessed in Brazilian Courts.
PUC-SP, Brazil.
Anna de Moraes Salles
Ade M
Beraldo
Paula Moura Francesconi de Lemos
PM
Pereira
D001938:Brazil; D035881:Compensation and Redress / Q000331:legislation & jurisprudence*; D006801:Humans; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence*