Sparks v Hobson; Gray v Hobson [2018] NSWCA 29

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.
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