Chappel v Hart

[1999] Lloyd's Rep Med 223

HIGH COURT OF AUSTRALIA

GAUDRON, MCHUGH, GUMMOW, KIRBY, and HAYNE JJ

Doctor — Duty of Care — Failure to warn of risk of perforation of oesophagus during surgery — Ensuing infection led to permanent speech impairment — If warned, plaintiff would have deferred operation — Damage not for loss of chance of avoiding injury but for physical injury — Whether direct causal connection between failure to warn and damage suffered — Whether damages should be nominal or substantial