!-- Google Tag Manager (noscript) -->

Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

increased-risk-of-harm doctrine

Read a random definition: authorization clause

A quick definition of increased-risk-of-harm doctrine:

The increased-risk-of-harm doctrine, also known as the loss-of-chance doctrine, is a rule in some states that allows a patient to sue a doctor for medical malpractice even if the malpractice did not directly cause a specific injury. Instead, the doctrine allows for a claim if the malpractice decreased or eliminated the chance of surviving or recovering from the preexisting condition for which the doctor was consulted.

A more thorough explanation:

The increased-risk-of-harm doctrine, also known as the loss-of-chance doctrine, is a legal rule in some states that allows a patient to sue a doctor for medical malpractice even if the malpractice did not directly cause a particular injury. Instead, the doctrine applies when the malpractice decreases or eliminates the chance of surviving or recovering from a preexisting condition for which the doctor was consulted.

For example, suppose a patient has a 50% chance of surviving a particular type of cancer if it is caught early and treated properly. If a doctor fails to diagnose the cancer until it has progressed to a later stage, and the patient's chance of survival drops to 10%, the patient may be able to sue the doctor for the lost chance of survival, even if the malpractice did not directly cause the patient's death.

The increased-risk-of-harm doctrine is controversial because it can be difficult to prove that the malpractice caused the lost chance of survival or recovery. However, some states have adopted the doctrine as a way to provide compensation to patients who have suffered harm due to medical negligence.

increase, costs of | increment

Warning

Info

General

General chat about the legal profession.
main_chatroom
๐Ÿ‘ Chat vibe: 0 ๐Ÿ‘Ž
Help us make LSD better!
Tell us what's important to you
LSD+ is ad-free, with DMs, discounts, case briefs & more.