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Loss of chance: a new development in medical negligence law
- 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