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Wallace v Kam

[2013] HCA 19
Case number
S307/2012
Before
French CJ, Crennan, Kiefel, Gageler, Keane JJ
Catchwords

Negligence – Causation – Medical practitioner – Where medical practitioner failed to warn patient of two distinct material risks inherent in surgical procedure – Where only one risk eventuated – Where patient would have chosen not to undergo surgical procedure if warned of both risks – Where patient would have chosen to undergo surgical procedure if warned only of risk that eventuated – Whether failure to warn of both material risks was a necessary condition of injury caused by the risk that eventuated – Whether appropriate for scope of medical practitioner's liability to extend to that injury.

Words and phrases – "but for", "factual causation", "scope of liability".

Civil Liability Act 2002 (NSW) – s 5D.

Files
19.rtf (179.97 KB)
19.pdf (88.64 KB)