In NSW, damages for loss of a chance of a better medical outcome are not recoverable in negligence; causation of physical harm must be established on the balance of probabilities, and if established, the tortfeasor is liable for the whole of the harm so caused.
The full text is available to signed-in members, including the 190 later cases that cite this judgment.
51 of the 190 citing cases carry a classified treatment. How each court treated it is available to signed-in members.