Writing this week in the UNSW Law Journal, Tracey Carver and Malcolm Smith address categorisation of distinct and cumulative risks following the High Court’s judgment in Wallace v Kam last year. The authors question questioning the extent to which the Court’s approach to liability and causal connection in non-disclosure of risk cases depends upon the nature and classification of the risk(s) in question, and can be reconciled with the way in which patients make decisions.

The article is available online: Medical Negligence, causation and liability for non-disclosure of risk 37 UNSW Law Journal 972.