The latest novel written by a judge about the concept of loss of a chance is Halverson v Dobler [2006] NSWSC 1307. I suspect lawyers professional indemnity specialists spend too little time reading the doctors’ negligence cases. Though there seems to be some suggestion that loss of a chance as a concept is on the wane, especially in relation to personal injuries cases, and that loss of a chance should only apply to cases where conventional proof (on the balance of probabilities cannot be made out), that is not quite enough to persuade me to wade through the judgment.
