O'BRIEN v WHEELER [1997] NSWCA 236

O'BRIEN v WHEELER [1997] NSWCA 236

The respondent failed to prove that she would not have undertaken the surgery had she received a proper warning; a finding of negligence cannot be sustained in the absence of any evidence as to causation.

Parties
Appellant: O'Brien; Respondent: Wheeler
Jurisdiction
Australia
Judgment Date
23 May 1997
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed, verdict for appellant
Legal Topics
Failure to Warn, Causation, Duty of Care
Tort Law Medical Negligence Failure to Warn Causation Duty of Care

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

O'Brien

Appellant

Wheeler

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a medical practitioner failed to warn of the risks involved in a tattoo removal operation
  2. 2 Whether there was evidence of causation in the negligence claim

Ratio Decidendi

The respondent failed to prove that she would not have undertaken the surgery had she received a proper warning; a finding of negligence cannot be sustained in the absence of any evidence as to causation.

Court Disposition

appeal allowed, verdict for appellant

Orders

  • Appeal allowed
  • Verdict for respondent set aside