$808,564
Medical Negligence
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Case Details
Mrs Whitaker, who had lost sight in one eye, consulted Dr Rogers for surgery. Dr Rogers failed to warn her of the rare risk of sympathetic ophthalmia, which she developed post-surgery, leading to total blindness. The High Court established fundamental principles for informed consent.
Additional Notes
The decision rejected the strict application of the Bolam principle, establishing that medical practitioners have a duty to warn patients of material risks that a reasonable person would want to know. The award was upheld by the Court of Appeal and High Court.