TORT - negligence - scope of duty - duty in connection with diagnosis - whether duty to avoid harm occasioned by treatment of the diagnosed injury
TORT - scope of liability - (NSW) Civil Liability Act 2002, s 5D(1)(b) - relevant rule of responsibility - rule of responsibility in connection with diagnosis is to protect patient from illness or injury that can be alleviated by treatment - harm occasioned by materialisation of risks inherent in treatment of diagnosed injury is not harm the kind from which the relevant rule of responsibility is intended to protect the patient - Chappel v Hart considered
TORT - causation - (NSW) Civil Liability Act 2002 - whether the negligent conduct played a part in bringing about the relevant harm - failure to warn cases considered and distinguished - risk that materialised was not the risk that founded the duty, but a risk associated with fulfilment of the duty
TORT - (NSW) Civil Liability Act - inherent risk - does not apply where risk would not have materialised if defendant had used reasonable care and skill
Case Details
Citation[2012] NSWSC 840
CourtNSWSC
JurisdictionNew South Wales
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