McCarthy v Kidd [2001] NSWCA 304

McCarthy v Kidd [2001] NSWCA 304

The appeal is dismissed because the trial judge's findings—that causation between the iron injections and gluteal fibrosis was not proved on the balance of probabilities, that the content and necessity of the warning were not determined in error, and that the plaintiff would not have acted differently even if warned—were open on the evidence and involved no relevant legal or factual misdirection.

Jurisdiction
Australia
Judgment Date
12 September 2001
Procedural Posture
Civil Appeal / Appeal From District Court Judgment
Outcome
Appeal dismissed
Legal Topics
['negligence' 'medical Negligence' 'failure to Warn' 'causation']
['torts' 'medical Negligence'] ['negligence' 'medical Negligence' 'failure to Warn' 'causation']

Case Brief

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Procedural Posture

Civil Appeal / Appeal From District Court Judgment

Legal Issues

  1. 1 ['Whether the trial judge erred in finding no causation between iron injections and gluteal fibrosis' 'Whether the trial judge erred regarding the duty and content of warning required about risks of iron injections' 'Whether the plaintiff would have heeded a warning if one had been given']

Ratio Decidendi

The appeal is dismissed because the trial judge's findings—that causation between the iron injections and gluteal fibrosis was not proved on the balance of probabilities, that the content and necessity of the warning were not determined in error, and that the plaintiff would not have acted differently even if warned—were open on the evidence and involved no relevant legal or factual misdirection.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' "The appellant is to pay the respondents' costs of the appeal."]