Chester v Afshar [2004]: Case Analysis

Chester v Afshar: Case Summary

The Claimant suffered back pain for 6 years which became severe to the point at times she was unable to control her bladder or walk. After an MRI scan it was was reveled that there was a disk protrusion into the spinal column and she was therefore advised to have surgery. The surgery carried a 1-2% risk that the procedure could worsen the Claimant’s back pain further. Her consultant, Mr Afshar, failed to warn of the risks of the surgery. The Claimant submitted that if she knew of the risk she may not have gone ahead with the surgery and would have at least taken more time to consider her decision. The judge held that there was a possibility on another occasion the surgery may have been successful, therefore he found for the Claimant.

Chester v Afshar: Download Judgemnt

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Chester v Afshar: Case Analysis

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