BUSTOS v HAIR TRANSPLANT PTY LTD AND ANOR [1997] NSWCA 55
The trial judge's findings that adequate warnings were given regarding the material risks of the procedure, and that the appellant would have proceeded regardless of any further warning, were justified on the evidence. There was no error in the trial judge's assessment of damages for pain and suffering resulting from inadequate anaesthetic, and no negligence was found in other aspects of the procedure.
- Parties
- Appellant: URJ Bustos; Respondent: Dr Wearne; Respondent: Hair Transplant Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 15 April 1997
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed.
- Legal Topics
- Failure to Warn, Informed Consent, Assessment of Damages, Causation in Negligence
Case Brief
Summary, issues, holding and outcome
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Parties
URJ Bustos
Appellant
Dr Wearne
Respondent
Hair Transplant Pty Ltd
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether Dr Wearne was negligent in performing the hair transplant operation
- 2 Whether Dr Wearne provided adequate warning of material risks associated with the procedure
- 3 Whether the compensation for pain and suffering was adequate
Ratio Decidendi
The trial judge's findings that adequate warnings were given regarding the material risks of the procedure, and that the appellant would have proceeded regardless of any further warning, were justified on the evidence. There was no error in the trial judge's assessment of damages for pain and suffering resulting from inadequate anaesthetic, and no negligence was found in other aspects of the procedure.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed with costs.
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