di Carolina Martins Uscocovich* e Romualdo Baptista dos Santos**
* Master’s student in Law at the Federal University of Paraná (UFPR). Specialist in Medical and Health Law from PUC/PR and FMP. Member of the Health Law and Medical Enterprises Research Group. Lawyer.
** Master’s and PhD in Civil Law from the University of São Paulo (USP), specialist in Contractual Law and Law of Damages (Contratos y Daños) from the University of Salamanca (USal). Postdoctoral in Human, Social, and Diffuse Rights from the University of Salamanca (USal). Member of the Brazilian Institute for Studies on Civil Liability (IBERC) and the Health Law and Medical Enterprises Research Group. Lawyer.
This study addresses the theory of the loss of a chance, its application in medical law and how the subject is treated by the Superior Court of Justice. By employing a theoretical deductive method, a qualitative analysis of bibliographic material is carried out aiming to establish the legal contours of this theory and to analyse its most controversial aspects. Following this, based on a quantitative and qualitative analysis of recent judgments, it concludes that the Superior Court has embraced the debate developed by the doctrine, positioning itself in favour of the autonomy of the damage resulting from the loss of a chance and establishing criteria for its verification and for quantifying the compensation amount.