Tabet v Gett

Negligence – Medical negligence - Damage - Loss of chance - Appellant suffered irreversible brain damage - Respondent's delay in providing proper treatment breached duty of care owed to appellant - Where not established on balance of probabilities that breach caused any part of brain damage - Where breach at most caused loss of less than 50% chance of better outcome - Whether law of tort recognises or should recognise loss of chance of better outcome as damage giving rise to liability in negligence - Relevance of policy considerations concerning extension of liability in medical negligence cases.

Negligence – Medical negligence - Damage - Loss of chance - Trial judge assessed as 40% the lost chance of better outcome - Court of Appeal found evidence supported no more than 15% chance of better outcome - Whether evidence sufficient to establish loss of chance of better outcome - Whether inference could properly be drawn from evidence as to loss of chance.

Words and phrases – "balance of probabilities", "damage", "gist of the action", "loss of a chance of a better outcome", "standard of proof".