Sherry v Australasian Conference Association (trading as Sydney Adventist Hospital) & 3 Ors [2006] NSWSC 75

New South Wales Supreme Court

CITATION : Sherry v Australasian Conference Association (trading as Sydney Adventist Hospital) & 3 Ors [2006] NSWSC 75

HEARING DATE(S) : 7-9, 15-18, 21-25, 28-30 June 2004, 1-2, 6-7, 12-16, 19-23, 26-30 July 2004, 2-5, 23-26 August 2004, 6-8, 10, 13-4 September 2004, 3 December 2004

JUDGMENT DATE : 23 February 2006

JUDGMENT OF : Simpson J

DECISION : (i) verdict for the plaintiff against the first, second, and fourth defendants; (ii) verdict for the third defendant; (iii) matter stood over, to be re-listed for finalisation of orders.

CATCHWORDS : plaintiff's claim for damages - Compensation to Relatives Act 1897 - death of patient following cardiac surgery - intensive care unit - cause of death - professional negligence - breach of contract - hospital - surgeon - intensive care specialist - career medical officer - adequacy of hospital staffing levels - whether surgeon under any obligation to ensure staffing levels adequate - whether intensive care specialist under any obligation to ensure staffing levels adequate - - failure of hospital staff to observe or act upon signs of blood loss - failure by career medical officer to observe or act upon signs of blood loss - failure of surgeon to observe or act upon signs of blood loss - vicarious liability of hospital - non-delegable duty of care - hospital not able to contract out of obligation to exercise due care and skill in provision of medical services to patient - hospital liable for negligent acts of career medical officer - - employment relationship between hospital and career medical officer immaterial - damages - prediction of earning capacity of deceased - likely career path - method of calculation of damages - potential earnings - services provided by deceased to family - dependency - life expectancy