Tabet v Gett: the end of loss of chance actions in Australia?
This article critically analyses the recent High Court decision in Tabet v Gett (2010) 84 ALJR 292; [2010] HCA 12 which considered whether a person should be able to obtain compensation on the basis of a loss of a chance of a better medical outcome. The appellant argued that the High Court should regard a plaintiff as entitled to compensation when a breach by a defendant of their duty of care causes the plaintiff to lose a possibility, but not a probability, of a better medical outcome. The High Court held that it was not possible for a person in the position of the appellant to obtain compensation for the loss of a chance of a better medical outcome.
Walsh
Greg
G
School of Law, University of Notre Dame, Australia. gwalsh@mauriceblackburn.com.au
Walsh
Anna
A
D001315:Australia; D001925:Brain Damage, Chronic / Q000150:complications; D002648:Child; D035881:Compensation and Redress / Q000331:legislation & jurisprudence*; D005260:Female; D006801:Humans; D008318:Malpractice / Q000331:legislation & jurisprudence*