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Australia Leading Case causation factualprofessional negligence

Tabet v Gett

(2010) 240 CLR 537
JurisdictionAustralia
CourtHigh Court of Australia
Year2010
StatusBinding authority

Summary

Loss of chance is not recoverable in Australian medical negligence; plaintiff must prove on balance of probabilities that negligence caused the harm.

Key Principle

The HCA rejected the loss of chance doctrine in medical negligence: a plaintiff cannot recover damages for loss of a chance of a better medical outcome; the plaintiff must prove on the balance of probabilities that the negligence caused the harm.

Area of Law

tort

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