Interlocutory decision: Vicarious liability

By wjmadden Hassan v Calvary Private Hospital Health Care Canberra Ltd t/a Calvary John James Hospital [2018] ACTSC 53 dealt with a number of interlocutory applications, in a claim which arose from surgical procedures – the insertion of a sling, anterior mesh, posterior mesh and rectal mesh.
One of the applications was that made by the first defendant private hospital for summary dismissal of the plaintiff’s claim alleging that the hospital was vicariously liable for the acts of two medical practitioners.
The court refused the application at [33] – [37], saying:

As stated in Ellis at 592D-592E, the question whether a person is …read more

Source:: Bill Madden

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