Read the full judgment text of FACV 000011/2008 on BabelCite. This FACV judgment was delivered on 2 March 2009.
1. This patient went into the operating theatre for surgery to his lower body. Following the operation, he was found to have sustained severe nerve injury to his left arm. There has never been any suggestion that this injury existed before he went into the operating theatre. When sued, the anesthetist suggested that the nerve injury to the patient’s arm occurred after the operation while the patient was conscious and recovering outside the operating theatre. But the trial judge (Suffiad J) f
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