Jambrovic v Day; Jambrovic v Day [2017] NSWSC 1468

Jambrovic v Day; Jambrovic v Day [2017] NSWSC 1468

Dr Day breached his duty of care to Mr Jambrovic by failing to provide adequate risk warnings, failing to discuss viable conservative treatment, and not disclosing his lack of training and experience in the recommended surgical procedure. Causation was established as, with proper advice, Mr Jambrovic would not have...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 October 2017
Procedural Posture
Negligence Action (medical Negligence) / Final Judgment After Trial
Outcome
Judgment for Mr and Mrs Jambrovic.
Legal Topics
['duty to Warn' 'informed Consent' 'professional Negligence' 'causation' 'damages']
['torts' 'medical Negligence'] ['duty to Warn' 'informed Consent' 'professional Negligence' 'causation' 'damages']

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Procedural Posture

Negligence Action (medical Negligence) / Final Judgment After Trial

Legal Issues

  1. 1 ['What was the nature and extent of risk warnings provided by Dr Day to Mr Jambrovic?' 'Did Dr Day discuss or recommend alternative treatment options to Mr Jambrovic?' 'Was Dr Day appropriately trained and experienced to perform the surgery?' 'Should Dr Day have recommended or performed the surgery?' 'What damages are appropriate?']

Ratio Decidendi

Dr Day breached his duty of care to Mr Jambrovic by failing to provide adequate risk warnings, failing to discuss viable conservative treatment, and not disclosing his lack of training and experience in the recommended surgical procedure. Causation was established as, with proper advice, Mr Jambrovic would not have proceeded with surgery at that time and/or would have insisted on a trained and experienced surgeon, reducing the risk of harm. Judgment for Mr and Mrs Jambrovic with damages awarded according to both agreed and judicially determined categories.

Court Disposition

Judgment for Mr and Mrs Jambrovic.

Orders

  • ['Judgment for Mr and Mrs Jambrovic against Dr Day.' 'Damages awarded as agreed or assessed, subject to a 3% discount for future care as per Malec v JC Hutton principle.' 'Damages for Mrs Jambrovic as agreed (non-economic loss at 33% of a most extreme case).' 'Damages for Mr Jambrovic as agreed in part (non-economic...