The patient claimed damages after suffering injury in an operation, saying the doctor had failed to warn of the risk.
Held: The claimant would not have had the operation if she had been properly warned and on balance of probabilities she would have continued to decline it. The necessary causal connection was established and the doctor was liable.
Judges:
Rougier J
Citations:
[1994] 5 Med LR 343
Cited by:
Cited – Chester v Afshar HL 14-Oct-2004
The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence
Updated: 09 May 2022; Ref: scu.216512