Did the neurosurgeon warn the patient of the risks?
The patient had a neurosurgical operation and came out suffering neurological damage. Was the neurosurgeon negligent in carrying out the operation? Did he negligently fail to warn the patient of the risks? If the neurosurgeon was negligent, on what basis are the damages to be assessed? These issues arose in Chester v Afshar (2002) EWCA Civ 724; (2002) 3 All England Law Reports 552.
Samuels
Alec
A
University of Southampton, Southampton, UK. Debbie@secretariat.fsnet.co.uk
D017007:Duty to Warn; D006801:Humans; D008318:Malpractice; D009493:Neurosurgery; D010817:Physician-Patient Relations; D014342:Truth Disclosure