Murphy v Mackie [2001] NSWCA 283
The appeal failed because the trial judge preferred the respondent's evidence, found that the appellant was aware there were risks associated with the procedure and accepted those risks, and rejected the appellant's evidence about what he would have done if warned; the Court of Appeal saw no sound basis to interfere with that finding of fact.
- Jurisdiction
- Australia
- Judgment Date
- 21 August 2001
- Procedural Posture
- Medical Negligence Appeal / Appeal to the New South Wales Court of Appeal From the District Court
- Outcome
- Appeal dismissed with costs
- Legal Topics
- ['failure to Warn of Surgical Risk' "dupuytren's Contracture Surgery" 'complex Regional Pain Syndrome' 'material Risk' 'appellate Review of Findings of Fact']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Medical Negligence Appeal / Appeal to the New South Wales Court of Appeal From the District Court
Legal Issues
- 1 ['Whether the respondent failed to warn the appellant of a material risk that surgery could cause chronic complex regional pain syndrome.' "Whether the trial judge's finding that the appellant was aware of and accepted risks associated with the procedure should be overturned on appeal."]
Ratio Decidendi
The appeal failed because the trial judge preferred the respondent's evidence, found that the appellant was aware there were risks associated with the procedure and accepted those risks, and rejected the appellant's evidence about what he would have done if warned; the Court of Appeal saw no sound basis to interfere with that finding of fact.
Court Disposition
Appeal dismissed with costs
Orders
- ['The appeal will be dismissed with costs.']
Full Case Text
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