The study and application of the loss of chance has gone through extensive discussions that have revolved around the causal link evidence. The Colombian legal system has been no stranger to such discussions. On the contrary, author and judges have each developed analyses on whether this doctrine should be considered as a mechanism to facilitate the causal link evidence or as a particular type of damage. This last position is the accepted by the Colombian Council of State who has applied this theory, among others, in matters of pre-contractual State liability and in matters that, despite being typical of contractual liability, the dispute has been around the legality of decisions of the Administration that affect the possibilities of victims to enter into new contracts with the State. Given the variety of positions regarding the chance, it is necessary to analyze whether, in the two types of cases referred to, the application of this theory by the Colombian Council of State has been uniform. Or if, on the contrary, it is necessary to define some criteria that allow to improve the application of the doctrine of chance in order to materialize the principles of equality and legal certainty.
