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Loss of chance in medical negligence claims now a lost cause?

Stickley, Amanda P. (2010) Loss of chance in medical negligence claims now a lost cause? Queensland Lawyer, 31(1), pp. 21-23.

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Abstract

The question whether the loss of chance of a better medical outcome in cases of medical negligence should be recognised as actionable damage is ‘a question which has divided courts and commentators throughout the common law world.’ In April 2010, the High Court handed down its anticipated decision in the case of Tabet (by her Tutor Sheiban) v Gett (2010) 240 CLR 537. The issue considered by the court was whether the appellant could claim in negligence for the loss of a chance of a better medical outcome. This issue had not been considered by the High Court previously, the most relevant cases being Rufo v Hosking (2004) 61 NSWLR 678 and Gavalas v Singh (2001) 3 VLR 404. Claiming for a loss of chance in a personal injury action raises questions as to recognised damage and causation, and the members of the High Court considered both of these.

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ID Code: 46780
Item Type: Journal Article
Keywords: negligence, causation
ISSN: 0312-1658
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2010 Thomson Reuters (Australia/NZ)
Deposited On: 03 Nov 2011 08:55
Last Modified: 04 Nov 2011 19:35

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