Loss of a Chance

A few jurisdictions, however, take the position that the loss of a chance has to be more than 50% (Grant v. American Nat. Red Cross, 745 A.2d 316, D.C.App. 2000). In this case, the plaintiff contracted hepatitis C after receiving a blood transfusion. The blood bank did not routinely screen for alanine aminotransferase levels, but the plaintiff lost the case after conceding that the chance of avoiding hepatitis C even with screening was less than 40%.

Contact the author at siang@hawaii.edu.