Loss of chance

Abstract

 The texts of the New Civil Code offer a new approach to the civil liability institution, by turning to good account the doctrinal and jurisprudential analyses of the defining elements and conditions of the reparation of damage. Thus, among the innovative aspects is the introduction of regulation, for the first time in our law, of the compensation for a specific type of damage, which is the consequence of the loss of the opportunity to obtain an advantage.

Consequently, this article aims to examine the loss of chance both as a theory of injury and as a theory of causation. The paper presents the source of the concept of loss of chance and its evolution in medical negligence law. Moreover, there are pointed out its main characteristics and conditions - the chance needs to be real and serious in order to be alleged. It is also pictured the way of evaluating the damage. The claim for the loss of a chance is based on the value of the gain that would have accrued or the loss avoided and the probability of the gain or loss arising.