Chester vs Ashfard

The claimant had made an inform choice to have the surgery, and the injury was not intimately linked with the duty to warn. But going back to lord juster simon, he said the implications of a finding that a negligent act in the course of an operation vitiated consent would have potentially far reaching consequences. And furthermore, it was a crucial finding in chester against ashfard that, if warned of the risk, the claimant would have deferred the operation.