Tabet v Gett: The end of loss of chance actions in Australia?
Tabet v Gett: The end of loss of chance actions in Australia?.
Journal of Law and Medicine, 18 (1).
This article critically analyses the recent High Court decision in Tabet v Gett (2010) 84 ALJR 292;  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.