West Australian Medical Negligence Law Blog

West Australian Medical Negligence Law Blog

Insights On Medical Negligence Issues From The Perth Area And Throughout Australia

I have been a lawyer for 21 years, during which time I have predominantly represented injured people in pursuing compensation claims. In the last 10 - 15 years, I have focused on medical malpractice / medical negligence law and particularly claims arising from negligent medical care. Read more

Category Archives: Loss of a Chance

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A Balance of Probabilities does NOT mean >50% (at least in NSW)

Posted in Cancer Cases, Case Summary, Causation Issues, Loss of a Chance
Further to an earlier post, the New South Wales Court of Appeal has recently delivered its decision concerning the appeal in relation to Ms O’Gorman’s delay in diagnosis of breast cancer claim. Tragically in the period between the initial decision in her favour and this appeal, Ms O’Gorman died from her metastatic breast cancer.  … Continue Reading

Gett -v- Tabet – Loss of a Chance of a Better Medical Outcome – is it Lost?

Posted in Case Summary, Causation Issues, Loss of a Chance
I recently gave some thought (amongst other things, I had to, I had agreed to present a paper on the topic…),  as to what this recent Court of Appeal decision in New South Wales is going to mean in the medium term for claims in Western Australia.  It seems likely the period before the High Court gets its say, will be… Continue Reading