Joint pain

September 2010


Lost: loss of chance

Volume 39, No.9, September 2010 Pages 683-684

Sara Bird

Loss of chance claims involve an allegation that a patient has lost the chance of a better medical outcome, in terms of treatment and/or prognosis, as a result of the negligence of the medical practitioner. A recent High Court of Australia judgment confirmed that monetary damages are not available for the loss of a chance of a better medical outcome.1 This article discusses the judgment and its implications for medical practitioners in Australia.

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