Handed down today were the reasons for judgment in George v Biggs & St Vincents Hospital  NSWDC 11 per Levy SC DCJ.
The decision focused on whether consent was properly obtained for neuro-otologic surgery for removal of a right sided acoustic neuroma of the 8th cranial or vestibular nerve. In the course of the procedure there was an inadvertent intra-operative division of adjacent right 7th cranial or facial nerve causing right-sided facial paralysis.
The plaintiff asserted that she did not understand the location of her tumour nor its benign nature: .
The decision is quite lengthy, traversing a number of areas of interest including:
- The challenge faced by the court in ruling on conflicting expert opinion without the benefit of cross examination or conclaves: , 
- The probative value of evidence of usual professional practice at  – ;
- The scope of the informed consent duty, in circumstances where a patient has incomplete understanding of information in English (at  – ); See in particular the elements discussed at  and the comment about the risks of use of unskilled interpreters at ;
- The absence of evidence or notes from the interpreters: ;
- The issue of inherent risk, under section 5I of the Civil Liability Act 2002 (NSW) at  – .
There was a verdict for the plaintiff with damages assessed.