Wallace v. Kam

Lower Court Judgment

13/04/2012 Supreme Court of New South Wales (Court of Appeal) (Allsop P, Beazley JA, Basten JA.)

[2012] NSWCA 82

Catchwords

Torts – Negligence – Causation – Medical practitioner – Failure to warn –Duty to warn patient of material risks inherent in applicant’s proposed back surgery – Multiple material risks – Applicant suffered nerve damage on account of one of several risks materialising – Applicant argued that he would not have undergone surgery if told of all risks – Whether failure to warn of material risks that did not eventuate causally connected to damage – Civil Liability Act 2002 (NSW), s 5D.

Short Particulars