Chappel v Hart

[1998] HCA 55
Judgment date
Case number
S88/1997
Before
Gaudron, McHugh, Gummow, Kirby, Hayne JJ
Catchwords

Negligence – Causation – Failure to warn of inherent risk of operation about which patient had specifically inquired – Plaintiff would have inevitably required the same operation at some time in the future but would have postponed the operation performed if properly warned – Surgery was performed with due skill and care but risk materialised – Whether there was a causal connection between failure to warn and plaintiff's physical injury – Whether damage suffered was physical injury or loss of chance.

Negligence – Damages – Whether damages should be discounted to account for possible future events.

Medicine – Medical practitioners – Failure to warn of inherent risk of operation about which patient had specifically inquired.