Chester v Afshar

[2005] Lloyd's Rep Med 109

HOUSE OF LORDS

Lord BINGHAM of Cornhill, Lord STEYN, Lord HOFFMANN, Lord HOPE, and Lord WALKER of Gestingthorpe

Duty to warn of possibility of causa equina damage — Proof of causation necessary to establish liability — Claimant proving she would not have undergone operation at that time had she been informed of the risk — Effective cause of injury — Claimant's right to autonomy and dignity — Departure from causation principles