A medical practitioner's duty to warn of material risks is satisfied where the practitioner provides a brochure disclosing known risks and verbally discusses those risks, and all experts agree the brochure adequately addressed the known risks at the relevant time. Expert reports that fail to explain how the expert's specialised knowledge applies to the facts to produce the opinion propounded will be excluded under s 79(1) of the Evidence Act. A surgeon has no legal duty to refuse to perform elective surgery or to insist a patient exhaust alternative treatments before proceeding.
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