ARTICLE · 01 SEPTEMBER 2008

Obligation To Pay Damages

DLA Piper Australia

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Will increasing a patient's underlying risk impose on a hospital/doctor an obligation to pay damages?

AustraliaLitigation, Mediation & Arbitration

Will increasing a patient's underlying risk impose on a hospital/doctor an obligation to pay damages?

Consider the following:

1. A patient has an underlying risk of a heart attack of 10%. Due to negligent treatment, that risk increases to 15%. The patient has a heart attack. Is the patient entitled to damages?

2. Assume 100 similar patients are treated the same way as the patient in question 1 above. Statistically 15 of them will have a heart attack. Ten of them would have had a heart attack irrespective of the negligent treatment. Five of them will have had a heart attack because of the negligent treatment. Are all or any of the patients entitled to damages?

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