Title

Tabet v Gett: The end of loss of chance actions in Australia?

Document Type

Article

Publication Date

2010

Abstract

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.

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Staff and Students of the University of Notre Dame Australia may access the full text of this article here

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The Journal of Law and Medicine may be accessed from the National Library of Australia here

The Authors:

Mr Greg Walsh

Ms Anna Walsh


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