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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): 273. || 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.

  • Padraic J Grattan-Smith

  • Southern Neurology, Sydney, NSW.


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