Missed chance theory: delayed cancer treatment and increased mortality Bruno Karaoglan Oliva

Abstract

The Loss of Chance Theory, even without a specific legal precept in the Brazilian legal system, has been widely supported by Brazilian doctrine and jurisprudence for some years. For its occurrence in civil liability, it is necessary to demonstrate the certainty of the probability of obtaining a profit or avoiding a certain, real and current loss. The aim of this work is to analyze the recent scientific article published in November 2020 by The British Medical Journal and apply it to the Loss of a Chance Theory. This is because, in this study, it was concluded that delay of one month in cancer treatment (surgery, chemotherapy ou radiotherapy) increases patient mortality from 6% to 13% - this risk increasing the longer the treatment takes.