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
