1. Loss of chance: a new development in medical negligence law
- Author
-
James Tibballs
- Subjects
Plaintiff ,Actuarial science ,business.industry ,Malpractice ,Australia ,General Medicine ,Cause of action ,Causality ,Treatment Outcome ,Compensation and Redress ,Quality of Life ,Damages ,Humans ,Medicine ,Medical negligence ,Causation ,business ,health care economics and organizations ,Probability - Abstract
The concept of "loss of chance" as an alternative cause of action in cases of medical negligence has succeeded in recent cases where actions based on causation have failed. The plaintiff must prove negligence and loss of a chance of a better outcome. The quantity of loss of chance must be more than "speculative" (1%). Damages are awarded as a proportion of the total injury commensurate with the loss of chance. More claims may be expected, although damages will generally be less than those awarded under causation. Doctors' insurance premiums may rise.
- Published
- 2007
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