Rogers v Whitaker

In *Rogers v Whitaker*, the High Court of Australia considered an appeal from a judgment of the Supreme Court of New South Wales. The case concerned a claim for damages for negligence brought by the respondent, Mrs Whitaker, against the appellant, Dr Rogers, an ophthalmic surgeon. Mrs Whitaker alleged that Dr Rogers had been negligent in performing a surgical procedure on her eye, resulting in a loss of vision.

The central legal issue before the High Court was the standard of care required of a medical practitioner in performing a surgical procedure. Specifically, the court had to determine whether the standard of care was to be judged by the practices of other medical practitioners or by reference to what a reasonable body of medical opinion considered to be appropriate. The court also considered the question of causation, namely whether the alleged negligence of Dr Rogers had caused the loss of vision suffered by Mrs Whitaker.

The High Court held that the standard of care owed by a medical practitioner is not determined by the practices of other practitioners but by what is reasonable in the circumstances. The court affirmed that a medical practitioner must exercise the degree of care and skill that a reasonably prudent medical practitioner would exercise in the same circumstances. This standard is objective and not determined by the prevailing practices of the profession, although evidence of such practices may be relevant in determining what is reasonable. The court found that Dr Rogers had failed to exercise the required degree of care and skill, and that this negligence had caused Mrs Whitaker's loss of vision.

The High Court dismissed the appeal, upholding the decision of the Supreme Court of New South Wales and affirming the award of damages to Mrs Whitaker.