LOSS OF CHANCE THEORY IN CHINESE MEDICAL MALPRACTICE CASES

Loss of chance theory stems from Hicks v. United States,(1) applicable to medical malpractice cases in which a negligence occurs on a patient's loss chance of medical treatment or survival. While many scholars do theoretical research on this topic, it is wise to consider the practical experiences, especially from China.(2) Case is better for understanding law in action and physician-patient's rights and responsibilities in concrete context. This article analyzes Chinese court cases and opens a legal window into the attitudes of each party during judicial practice with the loss of chance theory.