MJA
MJA

Legal clarification of “loss of chance of a better outcome” in Australia

Neera Bhatia and James Tibballs
Med J Aust 2012; 197 (8): . || doi: 10.5694/mja12.10579
Published online: 15 October 2012

To the Editor: In deference to Grattan-Smith,1 defendant doctors are clearly advantaged and plaintiff patients disadvantaged by the High Court’s decision in Tabet v Gett,2 because a patient must now prove on the balance of probability (> 50%), not possibility (< 50%) as before, that negligence by the doctor caused harm.

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