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Pre-existing medical conditions, aggravation and the burden of proof

TORTS – negligence – apportionment of responsibility and damages – medical negligence – whether pre-existing condition was progressively deteriorating – whether causation was established – whether assessment of damages could be challenged – challenges to findings of fact and damages dismissed

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Medical negligence

  Kwong v Abdulwahab [2016] NSWCA 107 APPEAL – civil – whether primary judge erred in findings of fact – challenge to findings of fact without foundation – findings of fact supported by evidence – no material errors made DAMAGES – negligent medical treatment – injury to plaintiff’s right hand – liability admitted – past…

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