Tabet v Gett

HIGH COURT OF AUSTRALIAGUMMOW ACJ,HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJREEMA TABET (BY HER TUTOR GHASSAN SHEIBAN)                  APPELLANTANDDR MAURICE GETT  RESPONDENTTabet v Gett [2010] HCA 1221 April 2010S259/2009ORDERAppeal dismissed with costs.On appeal from the Supreme Court of New South Wales RepresentationB W Walker SC with J L A Lonergan and J Chambers for the appellant (instructed by Slater & Gordon Lawyers)N J Young QC with J K Kirk and K C Morgan for the respondent (instructed by Blake Dawson Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSTabet v GettNegligence – 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...