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

Padraic J Grattan-Smith
Med J Aust 2012; 197 (5): . || doi: 10.5694/mja12.10463
Published online: 3 September 2012

To the Editor: Bhatia and Tibballs1 claim that the High Court ruling in Tabet v Gett that removed “loss of chance” as a possible course of action by patients is “to the advantage of doctors”. They end with a note of regret and hope that this means of litigation might be revived.


  • Southern Neurology, Sydney, NSW.


Correspondence: pgrattan-smith@iinet.net.au

Competing interests:

No relevant disclosures.

  • 1. Bhatia N, Tibballs J. Legal clarification of “loss of chance of a better outcome” in Australia. Med J Aust 2012; 196: 167-168. <MJA full text>
  • 2. Tabet v Gett [2010] HCA 12.
  • 3. Gett v Tabet [2009] NSWCA 76.

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