Insurance Law

Contact: Carter Newell (Queensland, Australia) 

Three recent cases, one involving a surgeon and the other two involving solicitors, have considered the failure of professionals to warn or properly advise their clients of certain risks.

For the plaintiff to succeed in a claim for professional negligence, it must satisfy the court that the defendant's failure to warn or properly advise was a necessary condition of their loss.

The three cases discussed demonstrate that the court will consider causation as a question of fact subjectively in light of all the relevant circumstances, to determine what the person who suffered loss would have done if properly advised.

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