Ellis v Wallsend District Hospital

(1990) 2 Med LR 103

COURT OF APPEAL OF NEW SOUTH WALES

KIRBY P, SAMUELS, and MEAGHER JJA

Professional liability — Surgeon — Causation — Negligent failure to inform patient of possible consequences of surgery — Whether patient would have refused operation if informed — Whether objective or subjective test should be applied — Hospital — Negligence — Duty of care to patient — Whether public hospital vicariously liable for acts of “honorary” medical officer operating on private patient and using hospital's facilities — Whether hospital owed a non-delegable duty of care to patient — Relationship between hospital and surgeon where surgeon operating on private patient