ABSTRACT
Chester v Afshar (2002): The claimant can satisfy the causation requirement without proving that ultimately he would have refused the treatment Facts The claimant was a 51-year-old journalist who suffered severe back pain. She was advised that surgery was her best option and she was referred to Mr Afshar, an eminent neurosurgeon. Although she was reluctant to undergo surgery, Mr Afshar reassured her sufficiently for the claimant to give consent. Unfortunately, following the surgery she was left with severe neurological deficit. At trial, she alleged that Mr Afshar had failed to disclose the risk of nerve damage or paralysis and that, had he done so, she would at the least have sought second and third opinions before deciding whether to undergo the operation. Mr Afshar claimed that he had warned her of the risks but the trial judge preferred the claimant’s version and awarded damages for the failure to disclose. Mr Afshar appealed against the decision.
