Rogers v Whittaker

(1992) 3 Med LR 331

COURT OF APPEAL OF NEW SOUTH WALES

and

Professional liability — Ophthalmic surgeon — Sympathetic ophthalmia — Patient almost blind in right eye — Surgeon advising her that he could operate and improve eye's appearance — Patient asking about possible complications — No express question whether left eye would be affected — Surgeon not disclosing a 1-in-14,000 risk of sympathetic ophthalmia developing — Operation properly performed but patient rendered blind in left eye as a result of sympathetic ophthalmia — Whether surgeon negligent in not disclosing risk — Whether acceptance of his advice was cause of loss — Measure of damages. — Negligence — Duty to warn patient — Duty to answer patient's questions — Duty to exercise reasonable care — Causation — “But for” test not exclusive test of causation. — Causation — Whether reliance on advice establishes causal link.