Towns v Cross [2001] NSWCA 129

Towns v Cross [2001] NSWCA 129

The evidence did not establish negligence in the syringing procedure and failed to prove that Mr Towns would have refused treatment had he been properly warned. The trial judge's credibility finding stands. No error in fact finding or procedural fairness was shown.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 May 2001
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['duty to Warn' 'negligence in Medical Treatment' 'causation in Medical Negligence']
['medical Negligence'] ['duty to Warn' 'negligence in Medical Treatment' 'causation in Medical Negligence']

Source-derived case record

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether Dr Cross was negligent in syringing Mr Towns' left ear" 'Whether Dr Cross was negligent in failing to warn Mr Towns of possible perforation' 'Whether the failure to warn caused harm to Mr Towns']

Ratio Decidendi

The evidence did not establish negligence in the syringing procedure and failed to prove that Mr Towns would have refused treatment had he been properly warned. The trial judge's credibility finding stands. No error in fact finding or procedural fairness was shown.

Court Disposition

Appeal dismissed

Orders

  • ['Appellant to pay costs of appeal']