Ms. S. Belinda Davis, Attorney

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The Lost Chance Doctrine in Medical Negligence Cases The lost chance doctrine is a legal theory that allows plaintiffs to recover damages in cases where a healthcare provider's negligence has decreased their chances of a better outcome, even if the negligence did not directly cause the harm. This doctrine has been recognized in various states, including Illinois, and has become an important tool for plaintiffs seeking compensation for medical malpractice. In Illinois, the lost chance doctrine was first recognized in the landmark case of Holton v. Memorial Hospital, where the Illinois Supreme Court held that a plaintiff could recover damages for the loss of a chance of a better outcome, even if the negligence did not directly cause the harm. In that case, the plaintiff alleged that the defendant hospital's delay in diagnosing her spinal cord compression caused by osteomyelitis (infection of the bone) had decreased her chances of not suffering paralysis. The court held that the plaintiff could recover damages for the lost chance of a better outcome. Since the Holton case, the lost chance doctrine has been applied in numerous cases in Illinois. In order to recover damages under the lost chance doctrine, a plaintiff must prove that the healthcare provider's negligence decreased their chances of a better outcome, and that the decreased chances were a substantial factor in causing harm. This can be a complex legal issue, as it requires a careful analysis of the evidence and expert testimony. One of the key benefits of the lost chance doctrine is that it allows plaintiffs to recover damages even in cases where the harm is uncertain or difficult to prove. For example, in cases of delayed diagnosis or misdiagnosis, it can be challenging to prove that the negligence directly caused the harm. The lost chance doctrine is not a separate cause of action but can be used as a powerful tool in medical negligence cases where it is applicable. Overall, the lost chance doctrine is an important legal concept for plaintiffs seeking compensation for medical malpractice in Illinois. It allows plaintiffs to recover damages for the loss of a chance of a better outcome. However, it is important for plaintiffs to consult with an experienced medical malpractice attorney to determine whether the lost chance doctrine applies to their case and to navigate the complex legal issues involved.