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Can loss of chance be claimed in cases of medical negligence?

April 26, 2017cases chance claimed loss medical negligence

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Can loss of chance be claimed in cases of medical negligence?

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– The New South Wales Court of Appeal recently delivered a unanimous decision in the matter of Gett v Tabet [2009] NSWCA 76 wherein the Court overturned previous authorities and did not allow an award of damages for the loss of a chance of a better medical outcome.