The appellant doctor appealed a trial judgment awarding damages to the respondent patient and his family for a stroke suffered following a cervical rhizotomy.
The trial judge found the appellant failed to obtain informed consent and that a reasonable person in the respondent's position would not have consented if properly informed.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusions on liability and upholding the damages awards for general damages and future economic loss.
