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Using Mathematics in Loss of a Chance Cases - Dr Mark Burgin

26/04/17. Dr. Mark Burgin BM BCh (oxon) MRCGP explains how mathematics can improve consistency and fairness in Loss of a Chance Cases.

Clinical negligence can cause pain and suffering, disability, shortened life expectancy or disease free survival and loss of a chance of full or partial recovery.

If the initial chance of full or partial recovery was above 50% and the chance after the beach was below 50% then the Court can round the first figure up to 100% and round the second figure down to 0% and determine that the breach caused the outcome.

By choosing an arbitrary time scale, for instance a month or a year, most initial survival figures can be expressed as above 50% meaning that almost all claimants could claim for full effects of the disease for even a brief delay.

Mathematics can be used to resolve most cases without considering the issue of loss of chance by instead calculating the loss of life expectancy or disease free survival...

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