Abstract
This case note discusses the availability of damages for loss of chance in medical negligence cases in Victoria. It analyses the case of Gavalas v Singh (‘Gavalas’), which provides a Victorian Supreme Court of Appeal authority on this matter. The author examines the impact of Gavalas on clinical medical practice and legal practice and how it influenced Victoria while it was good law. While the High Court in Tabet v Gett has departed from the Victorian Supreme Court of Appeal, Gavalas opened Victoria to actions for a loss of chance for a brief period. The author does not advocate for a change in the High Court’s ruling but aims to demonstrate the landmark nature of Gavalas and loss of chance in medical negligence cases. The author provides an overview of the Gavalas judgment and discusses the issues relevant to clinical medical and legal practice.
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