Gavalas v Singh

[2001] VSCA 23

Victorian Court of Appeal

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Interrogate

Catchwords

1. Tort Law
2. › Medical negligence
3. › Failure to diagnose
4. › Brain tumour
5. › Delayed diagnosis
6. › Whether damages for lost chance of better outcome available in medical negligence
7. › Assessment of damages for lost chance
1. Damages
2. › Assessment of damages
3. › Loss of chance or opportunity
4. › Medical negligence
5. › Whether award manifestly inadequate
6. › Failure to assess economic loss component of lost chance
7. › Whether damages should include past and future economic loss discounted by probability of better outcome
1. Appeal
2. › Appellate review of damages
3. › Whether award manifestly inadequate
4. › New arguments on appeal
5. › Whether parties may raise issues not argued at trial
6. › Principles governing raising new points on appeal

Quick Take

Damages for loss of a chance of a more favourable medical outcome are available in law in medical negligence cases, at least where the negligence relates to failure to diagnose or refer for timely treatment. When assessing damages for a lost chance, the trial judge must consider all heads of damage including economic loss (past and future loss of earnings, superannuation, medical expenses), not merely non-economic loss, discounted by the probability of the better outcome. The precise boundaries of loss of chance claims in medical negligence await future determination.