The implementation of the doctrine of loss of chance in the field of the healthcare patrimonial responsibility

Abstract

Due to our current situation affected by a global pandemic, and as a result of the growing importance of the patrimonial responsibility in healthcare, one of the most controversial and discussed issues in our courts is the patrimonial responsibility of the Administration. In this context, it seems relevant to analyse which can be such possible responsibilities. The present study aims at analysing the application of the Doctrine of Loss of Chance in cases of patrimonial responsability of the Public Administration in the healthcare field. The Loss of Chance is a theory with doctrinal origins which has been increasingly implemented by the Spanish courts in the last few years. The purpose of this piece of work is to examine the origins and main characteristics of this theory. Moreover, its application by our courts and its possible implementation issues will be studied. Lastly, the most usual cases to which this theory is applied –including its possible implementation in future complaints owing to the management of the pandemic.