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Rosenberg v Percival

[2001] HCA 18
Case number
P44/2000
Before
Gleeson CJ, McHugh, Gummow, Kirby, Callinan JJ
Catchwords

Negligence – Breach of duty - Surgeon's duty to warn of material risk in proposed surgery - Identification of the material risk - Meaning of material risk.

Negligence – Causation - Whether failure to warn of a material risk causative of plaintiff's injury - Whether patient would not have undergone treatment if warned.

Appeal – Appeal by rehearing - Powers of appellate court - Decision dependent on credibility findings - Authority of appellate court to reach conclusions different from trial judge.

Evidence – Credibility of witnesses - Limits of appellate review in respect of findings of fact based on assessment of the credibility of a witness.

Words and phrases – "material risk".

Files
18.rtf (129.35 KB)
18.pdf (287.72 KB)