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Rogers v Whitaker

(1992) 175 CLR 479 · [1992] HCA 58

High Court of Australia · 1992

Good law

Headnote

Rejected the Bolam test in Australia for the duty to warn: the standard of care owed by a doctor is set by the court, not by professional practice, and material risks must be disclosed.

Bench

Mason CJ, Brennan, Dawson, Toohey, Gaudron and McHugh JJ

Facts

A surgeon did not warn a patient of a 1 in 14,000 risk of sympathetic ophthalmia, which materialised and left her almost totally blind.

Held

A risk is material if a reasonable person in the patient's position would likely attach significance to it, or if the doctor is or should be aware that this particular patient would. Failure to warn was negligent.

Key passage

“The law should recognize that a doctor has a duty to warn a patient of a material risk inherent in the proposed treatment.”

175 CLR 479, 490

Citation formats

AGLC full

Rogers v Whitaker (1992) 175 CLR 479, 490.

AGLC short

Rogers (1992) 175 CLR 479, 490.

Medium neutral

Rogers v Whitaker [1992] HCA 58.

Authorities considered

  • Bolam v Friern Hospital Management Committee

    [1957] 1 WLR 582

  • Sidaway v Board of Governors of the Bethlem Royal Hospital

    [1985] AC 871