Deeb v Guirgis

Deeb (the appellant) brought proceedings against Guirgis (the respondent), a medical practitioner, alleging negligence. The dispute concerned whether the respondent had adequately warned the appellant of the possible adverse effects of a proposed medical treatment. The matter was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the respondent had breached his duty of care to the appellant by failing to provide a sufficient warning regarding the risks associated with the treatment. This involved an assessment of the extent of a medical practitioner's duty to warn of potential adverse consequences of medical procedures.

The Court of Appeal found no question of principle arose from the appeal. The judges were satisfied that the trial judge's findings were open to them and that the appeal should be dismissed. The appeal was accordingly dismissed with costs.