In medical negligence failure-to-warn cases, the plaintiff must prove not only that the warning was inadequate but that the complication warned about actually occurred. Contemporaneous medical histories given by the plaintiff to treating doctors constitute admissions that may override the plaintiff's later oral evidence at trial, particularly where the histories are consistent across multiple doctors and are supported by other documentary evidence such as insurance claims. An appellate court may overturn a trial judge's credibility findings where the accepted evidence is glaringly improbable or inconsistent with incontrovertibly established facts.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.