verdic of the case Rogers v Whitaker [1992]
Who';s fault is it doctor or patients
In the case of Rogers v Whitaker [1992], the High Court of Australia found the doctor to be at fault.
The case involved negligent failure to warn the patients about the risks associated with a surgical procedure. The court held that the doctor had a duty to inform the patients of material risks, ensuring they were able to make an informed decision about their treatment.
Therefore, in this case, the fault was attributed to the doctor for not fulfilling their duty of care to the patients by adequately informing them of the risks involved.
In the case of Rogers v Whitaker [1992], the Australian High Court found that the doctor, Dr. Whitaker, was found negligent in failing to warn his patient, Mrs. Rogers, about the risks associated with a surgical procedure. The court ruled that the doctor had a duty to disclose all material risks that a reasonable person in the patient's position would want to know in order to make an informed decision.
So, in this case, it was determined that the fault lay with the doctor in failing to fulfill his duty of care in informing the patient about the potential risks involved in the procedure.