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Gett v Tabet

Authors: Paul O’Brien

The High Court of Australia is to hear an appeal from the decision in Gett v Tabet. In the judgment under appeal, the Court of Appeal unanimously overruled as ‘clearly wrong’, the line of medical negligence cases which permitted a plaintiff to recover damages for the lost chance of a better medical outcome, even where it was probable that the better outcome would not have occurred. The outcome of the High Court appeal is eagerly awaited. In the meantime a summary of the Court of Appeal’s judgment in Gett v Tabetis provided in the form of a detailed case note.

Significant cases, legislation or articles referred to

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