نظريه از دست دادن فرصت در مسيوليت مدني

THE THEORY OF "LOSS OF CHANCE"

Sometimes due to somebodyʹs fault, a person loses a chance of attaining a profit or preventing a damage. Now, the question raises here is that whether he can, can he claim for the loss of chance or not. For example if a here has registered for participation in a competition. On the day of compitition, he faces an accident and due to which he loses the chance of wining, or a patient due to fault of physician & lock of on - time diagnosis of illness, loses the chance of treatment and preventing death or his body past. The doubt, wheather the compensation of loss exists or not, has two aspects: On hypothesis of losing the chance of attaining the profit, because there is a probability of attaining the profit, the damage is not certain. So that the conditions of civil responsibility on hypothesis of losing the chance of proeventing of damage, the doubt is about the causation. we can not say that if the defendant was not guilty, the damage would not occur. To solve these types of problems the theory of "Loss of chance" is proposed. It means that the chance itself is valuable, so that losing of it is a damage and compensable. This damage is materially different from the last injury, and the problem is solved: Firstly, the damage is certain, because the chance has really existed and lost. Secondly, fault of defendant is the cause of losing the chance.