Cox v Fellows [2013] NSWCA 206
| Decision: | (1) Appeal be dismissed.
(2) Appellant to pay the respondent’s costs. |
| Catchwords: | TORTS – negligence – breach of duty – medical practitioner – laparoscopic cholecystectomy – whether surgeon departed from the usual standard of care
TORTS – negligence – causation – medical practitioner – s 5D Civil Liability Act 2002 – equally likely causes – whether the trial judge erred as to the cause of the stricture TORTS – negligence – s 5I Civil Liability Act 2002 – whether injury was a result of the materialisation of an inherent risk
David Cormack – Brisbane Barrister. |
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