Hribar v Wells

In this case, the Full Court of the Supreme Court of South Australia dismissed an appeal by the defendant, a dental surgeon, against a decision of the District Court that awarded damages to the plaintiff, a patient who suffered adverse consequences from a dental surgery. The plaintiff alleged that the defendant failed to give adequate prior warning of the risks involved in the surgery, specifically the risk of permanent and painful nerve damage. The trial judge found that the defendant had not fulfilled his duty to warn the plaintiff of the risk of permanent and painful nerve damage and that the plaintiff would not have had the operation if she had been warned. The Full Court upheld the trial judge's findings and concluded that the award of damages was not manifestly excessive. The court considered the issue of causation and whether the plaintiff was entitled to damages for all other pain, suffering, and loss of amenities caused by having the operation, not just the products of the failure to warn. The court found that the full recovery idea should be adopted and that the trial judge did not err in assessing the damages. The appeal was dismissed.