Chester v WA Country Health Service

Liability of hospital for alleged negligence.  Appeal from a decision that the defendant hospital was not liable to pay damages to a patient with a shoulder dislocation who was not referred for advice from an orthopaedic surgeon. Trial judge held that he was not satisfied that early referral would have made any difference to the outcome.  Different opinions expressed by orthopaedic surgeon expert witnesses on conservative or surgical treatment and nature of surgery and outcomes.  No express findings on duty and breach of duty.  Appeal allowed on ground that trial judge gave inadequate reasons for his decision. Retrial ordered. Hospital client was not successful