"...any act or omission on behalf of the
Hospital's employees in the services they agreed to provide to
the Patient document exposed the Hospital to a finding of
negligence and shared liability..."
The Supreme Court of New South Wales recently delivered
judgment in a cross-claim for contribution made by a surgeon
against a private hospital. The Court was asked to determine the
nature and extent of duties owed to a patient where a surgical
error and then failures in post operative medical and nursing care
led to the death of a patient.
On 1 December 2008, Colleen Stefanyszyn (the
Patient) underwent elective surgery by Dr Oliver Brown at
Newcastle Private Hospital (the Hospital). It was
not discovered until after her death on 6 December 2008 that during
the procedure suture material was looped around the Patient's
bowel, creating a blockage. In the five days it went undiscovered,
this blockage caused infection; vomiting of faecal material;
inhalation of faecal
