Failure to warn (MEDICAL) D must warn P of risks otherwise failure to warn adequately s50 – Wrongs Act, Rogers v Whittaker Medical - Doctor must warn patient of a material risk of injury Rogers v Whittaker – Material Risk – A reasonable person in the plaintiffs shoes would attach significance to it; OR Doctor is or should have reasonably aware that the patient would attach significant to it. (Rogers v Whittaker) If D Fails to meet the standard of care that a reasonable owed D breaches duty – (Blyth P owes duty of proof v Birmingham Waterworks Co). (Holloway v McFeeters) Did the Breach the Economic Loss? (other refer other tests below) Third Party Liability (refer next page for contractual) Negligent acts which cause economic loss can enforce an action
Failure to warn (MEDICAL) D must warn P of risks otherwise failure to warn adequately – s50 Wrongs Act, Rogers v Whittaker Medical - Doctor must warn patient of a material risk of injury – Rogers v Whittaker Material Risk – A reasonable person in the plaintiffs shoes would attach significance to it; OR Doctor is or should have reasonably aware that the patient would attach significant to it. (Rogers v Whittaker) If D Fails to meet the standard of care that a reasonable owed – D breaches duty (Blyth v Birmingham Waterworks Co). P owes duty of proof (Holloway v McFeeters) Did the Breach the Economic Loss? (other refer other tests below) Third Party Liability (refer next page for contractual) Negligent acts which cause economic loss can enforce an action
Torts.docx