Dhupar v Lee

• 1. Torts
  2. › Negligence
  3. › Medical negligence
  4. › Gynaecological surgery
  5. › Elective sterilisation
  6. › Failed Filshie clip tubal ligation leading to unwanted pregnancy
  7. › Circumstantial case
  8. › Whether pregnancy attributable to negligent operator error
  9. › Whether onus of proof reversed by trial judge
  10. › Requirement to prove ultimate question rather than subsidiary issues
• 1. Torts
  2. › Damages
  3. › Birth of a child
  4. › Economic loss
  5. › Loss of earnings attributable to psychiatric injury
  6. › Whether s 71 Civil Liability Act 2002 (NSW) precludes damages for economic loss for loss of earnings attributable to psychiatric injury associated with birth of child as distinct from loss of earnings while rearing or maintaining child
  7. › Civil Liability Act 2002 (NSW), s 71
• 1. Torts
  2. › Damages
  3. › Non-economic loss
  4. › Assessment of percentage of most extreme case
  5. › Whether assessment at 38% of most extreme case within range of reasonableness
  6. › Civil Liability Act 2002 (NSW), s 16
• 1. Evidence
  2. › Circumstantial evidence
  3. › Proof of ultimate question on balance of probabilities
  4. › Reconciliation of inconclusive medical imagery with other evidence
  5. › Whether hypothesis otherwise capable of explaining circumstances may be excluded if inconsistent with irrefutable fact

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