Case Brief – Chester v Afshar

Miss Chester, the plaintiff, suffered from low back pain since 1988. During 1994, Miss Chester was referred to Mr. Afshar, a neurosurgeon, who happens to be the defendant. The defendant advised the plaintiff to undergo an elective lumbar surgical procedure, which is a surgical procedure on her spine. However, there was a 1% – 2% chance that the surgical procedure could lead to serious neurological damage. The defendant failed to inform the plaintiff about the risk, although this risk was clearly recognized by neurosurgeons. After performing the surgical procedure, the plaintiff suffered from serious neurological damage.