Alirezai v Smith

The Court of Appeal considered a dispute concerning allegations of medical negligence brought by the plaintiff, Alirezai, against the defendant, Smith. The core of the disagreement revolved around whether the defendant had adequately warned the plaintiff of the risks associated with a particular medical procedure, and if the failure to do so had caused the plaintiff's alleged loss.

The central legal issues before the Court of Appeal were whether the defendant's failure to warn of specific risks associated with the procedure constituted a breach of duty, and crucially, whether this breach had caused the plaintiff's loss. The court was required to determine the causative significance of the failure to warn, particularly in distinguishing between a risk of harm and a risk of no improvement, and to assess the likelihood that the plaintiff would have undergone the procedure had they been properly warned of the specific risks. The court also considered the relevance of the plaintiff's consent to previous procedures performed by the same doctor, the existing relationship of trust between the parties, and the effect of warnings previously given by another medical practitioner.

The Court of Appeal ultimately dismissed the appeal with costs.