MBE Rules · Torts
Loss of Chance
Loss of chance
The rule
Where negligent misdiagnosis reduces a below-even survival probability, many courts compensate the lost chance as a proportional fraction of full damages rather than denying recovery under all-or-nothing causation.
In plain English
The Loss of Chance rule allows a patient to recover damages if a doctor's negligent misdiagnosis reduces their chances of survival, even if they were unlikely to survive in the first place. Instead of requiring proof that the negligence directly caused the injury, courts may award a percentage of the damages based on the lost chance of recovery.
Worked example
A patient with a 30% chance of survival for a serious illness is misdiagnosed by their doctor, who fails to provide timely treatment. As a result, the patient's chance of survival drops to 10%. The court finds that the patient can recover damages for the lost 20% chance of survival, awarding them a proportional amount of full damages.
Memory hook
Lost chances can still count for something!
The trap
Examinees often mistakenly think they need to prove that the negligence was the sole cause of the injury, overlooking the possibility of recovering for lost chances. They may also confuse the percentage of lost chance with the overall likelihood of survival.
How examiners test it
This rule typically appears in questions involving medical malpractice or negligent misdiagnosis, where candidates must analyze the impact of the defendant's actions on the plaintiff's chances of recovery.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.