Comparative Study of the "Loss of Chance" Doctrine: Concise Study of European Countries Approaches and the U.S.A.'s Approach

The doctrine of “Loss of Chance” recovers damages that occur as a result of destruction of prospect for achieving a favorable outcome. The outcome might have been acquiring benefits or preventing harms. There is no consensus among jurisdictions about the entitlement of the losers of such chances (chances to acquire benefits or to prevent harms) for compensation. Some European countries, such as France, have strongly supported the doctrine, whereas some other jurisdictions in the North American region, such as South Dakota State, have prevented the doctrine from any further expansion using statutory interventions. This article reviews the current application of the doctrine of “Loss of Chance” in the European and the American jurisdictions. It also examines the applicability of this doctrine in the Iranian legal system. Although neither relevant statutes nor jurisprudences have recognized the doctrine of “Loss of Chance” in Iran, the underlying principles of the Iran’s tort law and Sharia may imply its applicability. However, regardless of the legal grounds, some procedural and enforcement barriers may prevent this doctrine from being invoked in Iran.