Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 155-166 |
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Shahbaz Ghahfarrokhi S. Proportional Liability in Medical Malpractice Cases:
A Study Based on Potential Causation. MLJ 2026; 20 (61) :155-166
URL: http://ijmedicallaw.ir/article-1-1958-en.html
URL: http://ijmedicallaw.ir/article-1-1958-en.html
. Department of Islamic Jurisprudence and Law, Faculty of Humanities, University of Shahrekord, Shahrekord, Iran.
Abstract:
Background and Aim: Proving causation in medical malpractice claims has always faced significant challenges, particularly when determining the exact role of medical error in causing harm is difficult or impossible. Traditional theories often result in the denial of plaintiffs’ claims due to insufficient evidence of causation. This article examines the "Proportional Liability Based on Potential Causation" theory as a solution to this ambiguity.
Method: This research adopts a descriptive-analytical method, utilizing library-based data collection.
Ethical Considerations: The study strictly adheres to ethical principles, including honesty, respect for rights, confidentiality and intellectual property.
Results: Under the Proportional Liability Based on Potential Causation theory, instead of an "all-or-nothing" approach in cases where the causal role of an alleged act is uncertain, compensation is determined proportionally based on the degree to which the act could have contributed to the harm. According to this theory, plaintiffs may seek compensation by proving "some degree of probability between medical error and injury".
Conclusion: The Proportional Liability Based on Potential Causation theory relies on probabilistic causation to determine compensation based on the extent of the physician’s fault. Using statistical formulas (e.g., relative risk ratio), liability is quantified. A key advantage over the "Loss of Chance" doctrine is avoiding the artificial bifurcation of harm into "lost opportunity" and "final outcome". Legal systems can achieve a balanced framework by integrating the strengths of both theories, ensuring fairness in patient compensation while preventing excessive liability burdens on physicians.
Please cite this article as:
Shahbaz Ghahfarrokhi S. Proportional Liability in Medical Malpractice Cases: A Study Based on Potential Causation. Medical Law Journal. 2026; 20: e11.
Method: This research adopts a descriptive-analytical method, utilizing library-based data collection.
Ethical Considerations: The study strictly adheres to ethical principles, including honesty, respect for rights, confidentiality and intellectual property.
Results: Under the Proportional Liability Based on Potential Causation theory, instead of an "all-or-nothing" approach in cases where the causal role of an alleged act is uncertain, compensation is determined proportionally based on the degree to which the act could have contributed to the harm. According to this theory, plaintiffs may seek compensation by proving "some degree of probability between medical error and injury".
Conclusion: The Proportional Liability Based on Potential Causation theory relies on probabilistic causation to determine compensation based on the extent of the physician’s fault. Using statistical formulas (e.g., relative risk ratio), liability is quantified. A key advantage over the "Loss of Chance" doctrine is avoiding the artificial bifurcation of harm into "lost opportunity" and "final outcome". Legal systems can achieve a balanced framework by integrating the strengths of both theories, ensuring fairness in patient compensation while preventing excessive liability burdens on physicians.
Please cite this article as:
Shahbaz Ghahfarrokhi S. Proportional Liability in Medical Malpractice Cases: A Study Based on Potential Causation. Medical Law Journal. 2026; 20: e11.
Keywords: Civil Liability, Medical Malpractice, Uncertain Causation, Loss of Chance, Proportional Liability Based on Potential Causation
Type of Study: Original Article |
Received: 2025/04/15 | Accepted: 2025/07/3
Received: 2025/04/15 | Accepted: 2025/07/3
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