High Court of Australia

Wallace v Kam [2013] HCA 19

87 ALJR 648; 297 ALR 383

8 May 2013

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.
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