Private Law Theory

INTRODUCTION
… Part I of this Comment provides background on relevant law regarding the lost chance doctrine and will trace the lost chance doctrine’s development in the United States and Louisiana. Part II articulates Louisiana’s approach to lost chance of a better outcome damages and will present the case Burchfield v Wright. Part III offers an overview of the tort law objectives underlying lost chance claims. Part IV highlights the issues that Burchfield raises for the lost chance doctrine. Part V advocates for an approach that divides the valuation of lost chance damages between general damages and medical expenses. Requiring separate calculations of general damages and medical expenses on a trial court’s verdict form is superior to both the current lumpsum approach and a ‘percentage probability’ approach.

Madeleine K Morgan, Revitalizing Louisiana’s Lost Chance Doctrine: Burchfield v Wright Sheds Light on the Need for Medical Expenses, 80 Louisiana Law Review (2020).

First posted 2020-04-23 05:24:01