Sparks v Hobson; Gray v Hobson [2018] NSWCA 29 Court of Appeal of New South Wales Basten, Macfarlan & Simpson JJA Medical negligence - respondent suffered from Noonan Syndrome - respondent became paraplegic as result of operation to straighten his spine - respondent claimed damages against hospital, surgeon and anaesthetist - primary judge found both doctors liable on basis they should have terminated operation earlier than they did and that if they had done so respondent would not have become paraplegic - doctors challenged finding of liability and assessment of damages - doctors contended primary judge erred in finding them negligent and also relied on ss5I & 5O Civil Liability Act 2002 (NSW) - ’materialisation of inherent risk’-’standard of care for professionals’ - held: breach of duty by anaesthetist not established - anaesthetist’s appeal allowed - surgeon’s appeal dismissed. View Decision

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