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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