ON 19 NOVEMBER 1992, the High Court of Australia delivered Rogers v Whitaker  HCA 58; (1992) 175 CLR 479 (19 November 1992).
Dr Rogers had performed surgery on Whitaker’s right eye, which was almost blind. The surgery should have restored her sight, but instead became blind in the left eye when she suffered sympathetic opthalmia. Whilst the risk was remote, Dr Rogers was held to be negligent in failing to warn Whitaker of the risk.
1300 00 2088