Shakoor v Situ [2001]

Facts

  • A herbal remedies expert prescribed herbal medicines to treat a patient
  • The patient subsequently had a liver failure and died

Issue

  • Was the expert in breach of duty not to advise against herbal treatments if there was the potential for a more serious injury

Decision

  • Yes, breach of duty, but claim failed

Reasoning

  • There was a breach of duty in not taking into account other forms of medicine (not just Chinese herbal remedies), however on the facts, treatment by ‘official’ medical procedure would have have avoided the damage
RELATED CASE  Swain v Puri [1996]

Posted in Tort Law Revision Notes.

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