NSW Caselaw
New South Wales Court of Appeal
CITATION : Alirezai v Smith [2001] NSWCA 60 FILE NUMBER(S) : CA 40814/99 HEARING DATE(S) : 23 February 2001 JUDGMENT DATE : 22 March 2001
PARTIES : Mohsen Alirezai (Appellant) Dr Anthony Smith (Respondent) JUDGMENT OF : Giles JA at 1; Fitzgerald JA at 2; Heydon JA at 11
LOWER COURT JURISDICTION : District Court LOWER COURT DC 2044/98 FILE NUMBER(S) : LOWER COURT Sidis DCJ JUDICIAL OFFICER :
COUNSEL : Mr M G Lynch (Appellant) Mr S D Kalfas (Respondent) SOLICITORS : Horowitz & Bilinsky (Appellant) Yeldham & Associates (Respondent) CATCHWORDS : Tort - Negligence - Medical Negligence - Causation - Breach of duty to adequately warn of risks of procedure - Whether failure to warn of specific risks of procedure caused loss - Likelihood of patient having undergone procedure if warned of specific risks - Distinction between risk of harm and risk of no improvement - Causative significance of failure to warn of risk of no improvement - Effect of patient's consent to previous procedures by same doctor - Effect of relationship of trust between patient and doctor - Relevance and effect of past warnings by another doctor - Court of Appeal - Orders - New trial - Order for new trial sought - grounds for - whether "substantial wrong or miscarriage" - Supreme Court Rules 1970 (NSW) Pt 51 R 23 - ND DECISION : Appeal dismissed with costs
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
CA 40814/99 DC 2044/98
GILES JA FITZGERALD JA HEYDON JA
Thursday, 22 March 2001
ALIREZAI v SMITH JUDGMENT
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