Two closely related tort concepts, loss of chance and increased risk, have gained increasing, but not general, acceptance by courts. The loss of a chance of avoiding injury or disease and the increased risk of injury or disease are measureable injuries caused by negligent conduct. Loss of chance cases typically arise in the context of medical malpractice; increased risk cases often arise when a plaintiff has been negligently exposed to an element which makes him susceptible to a particular disease. This comment examines the treatment that courts have given loss of chance and increased risk cases. The author concludes that courts should recognize chances as protected interests and permit recovery for loss of chance and increased risk.
Feldman, Howard Ross
"Comments: Chances as Protected Interests: Recovery for the Loss of a Chance and Increased Risk,"
University of Baltimore Law Review: Vol. 17
, Article 7.
Available at: http://scholarworks.law.ubalt.edu/ublr/vol17/iss1/7