Patiniotis v Garling [2025] TASFC 5 (Link to JADE).
With thanks to Richard O’Keefe for drawing attention to this decision of the Full Court of the Supreme Court of Tasmania.
Ms Garling’s claim had succeeded at trial, she recovered damages arising from the performance of a stapled haemorrhoidectomy following episodes of anal bleeding.
On appeal the surgeon sought to overturn the trial judge’s findings on breach of duty, and causation by reference to the trial judge’s acceptance / consideration of expert evidence. The appellant also challenged the awards for past expenses and for future domestic assistance.
In a cross appeal the respondent challenged the award to her for general damages.
Both the appeal and the cross appeal were dismissed.
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