A defendant seeking to establish that a plaintiff unreasonably refused surgery must adduce evidence that the plaintiff was informed of the benefits and risks of the surgery; a wholly objective assessment of reasonableness is insufficient. Where a plaintiff claims future attendant care services, the plaintiff must establish that gratuitous assistance is unavailable before commercial rates can be awarded under the Civil Liability Act 2002 (NSW). The period of future attendant care services must be supported by evidence and cannot be based solely on the primary judge's assessment of when the plaintiff might overcome a fear of surgery.
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