ARTICLE · 17 FEBRUARY 2026

Failure to warn: Wallace v Kam prevails again

Barry Nilsson

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Recent case emphasises the importance of causation in failure to warn cases & that documentation is paramount.

AustraliaLitigation, Mediation & Arbitration

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The plaintiff brought a claim against a urologist and a Local Health District in negligence, breach of contract and breach of statutory guarantees. In line with the principles of Wallace v Kam, the claim failed on all three causes of action.

In issue

The plaintiff brought a claim for damages in the Supreme Court of NSW against her treating urologist, Dr Prem Rashid (first defendant) and local health district, Mid North Coast Local Area Health District (the LHD) alleging personal injury arising from complications following a surgical procedure performed on 8 July 2013.
The plaintiff alleged negligence by way of failure to adequately warn of the surgical risks and improper performance of the actual surgery. The plaintiff further alleged a breach of contract and statutory guarantees.

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