Failure to warn: Salivary gland surgery

Published on 2 March 2016 but apparently not yet available on line is a matter of Redzepovic v Western Health [2016] VCC 128.

The self-represented claimant alleged that the surgery (parotidectomy) should not have been performed and that he had not been given proper advice in relation to it.

Unfortunately there was no written information document (see [40]) but the court ultimately found that an explanation was given: [41]. The court did not accept the claimant’s assertion that he would have refused the procedure if told that surgical clips would be used: [68]. The surgery was appropriate for the condition: [69].

With thanks to Nicholas Mann for providing this judgment.

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