Feltham v St Vincent's Public Hospital

In *Feltham v St Vincent's Public Hospital* [1993] NSWCA 95, the New South Wales Court of Appeal considered a dispute between the appellant, Ms Feltham, and the respondent, St Vincent's Public Hospital. The case concerned an appeal against a decision that had dismissed Ms Feltham's claim for damages for personal injury.

The primary legal issue before the Court of Appeal was whether the trial judge had erred in finding that the hospital had not breached its duty of care to Ms Feltham. This involved an examination of the standard of care expected of a public hospital in the treatment of a patient and whether the actions or omissions of the hospital's staff fell below that standard, thereby causing Ms Feltham's injuries.

The Court of Appeal analysed the evidence presented at trial, particularly concerning the medical treatment provided to Ms Feltham. It applied the principles established in cases such as *Wyong Shire Council v Shirt* (1980) 146 CLR 40, which outline the factors to be considered when determining breach of duty, including the probability of the risk occurring, the likely seriousness of the harm, and the burden of taking precautions. The Court ultimately found that the trial judge's assessment of the evidence and application of the law was correct, concluding that the hospital had not been negligent.