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".