Court of Appeal dismisses appeal of High Court rejection of medical negligence claim arising from hospital treatment, where there were arguments about whether the treatment was appropriate, whether there was informed consent, and whether the plaintiff was fully apprised of two alternative treatments for his condition, on the grounds that: a) there was no basis for criticising the trial judge’s ruling that the plaintiff was not a reliable or credible witness; b) the trial was not fundamentally unfair because the trial judge permitted the defendants to lead evidence on certain matters relating to informed consent; c) the ruling that the plaintiff was informed of the risks associated with his treatment was not against the evidence; d) the trial judge did not err in concluding that the plaintiff was not entitled to be informed as part of the informed consent process to be told of the possible alternatives; and e) the level of the defendants’ experts’ fees (disclosed after the High Court proceedings) did not render their evidence less objective, independent and impartial.
Medical negligence – appeal of High Court dismissal of medical negligence claim arising from hospital treatment – whether augmentation cystoplasty was an appropriate procedure for the plaintiff – whether the plaintiff was fully apprised of two alternative treatments for his condition – whether plaintiff was made aware of all the risks – informed consent – whether the trial judge relied upon an erroneous finding of fact for his conclusion that the plaintiff was not a credible or reliable witness – there was no basis for criticising the trial judge’s finding that the plaintiff was not a reliable or credible witness – whether the trial was fundamentally unfair because the trial judge permitted the defendants to lead evidence on certain matters relating to informed consent – whether the finding that the plaintiff was informed of the risks associated with augmentation cystoplasty was against the evidence – whether the trial judge erred in concluding that the plaintiff was not entitled to be informed as part of the informed consent process to be told of the possible alternatives – whether the burden of proof of informed consent rested upon the plaintiff – new ground based on the level of the defendants’ experts’ fees – appeal dismissed.