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Loss of chance: a new development in medical negligence law

Authors :
James Tibballs
Source :
Medical Journal of Australia. 187:233-235
Publication Year :
2007
Publisher :
AMPCo, 2007.

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.

Details

ISSN :
13265377 and 0025729X
Volume :
187
Database :
OpenAIRE
Journal :
Medical Journal of Australia
Accession number :
edsair.doi.dedup.....2756c5b044a8c1ed853f1317283d8d1a
Full Text :
https://doi.org/10.5694/j.1326-5377.2007.tb01207.x