Loss of Opportunity in Administrative Judicial Decisions: A Comparative Study

Abstract

The importance of this research lies in the legal provisions governing the doctrine of loss of chance, which represents the starting point through which the concepts of probability and uncertainty enter the legal sphere. The notion of loss of chance refers to the injured party’s forfeiture of an anticipated benefit they reasonably expected to obtain, or the loss of an opportunity to avoid a feared harm. The researcher concludes that jurisprudence and judicial practice have not yet established a clear and precise definition that accurately reflects the concept of loss of chance, largely due to the unique nature surrounding this doctrine. Among the most significant findings is the existence of several situations in which loss of chance resembles other types of harm, such as potential harm and future harm, creating difficulties for administrative courts in awarding fair compensation to the injured party, particularly since it is impossible to recreate or replicate the lost opportunity for them once again.