Markovska v St George Hospital

In *Markovska v St George Hospital* [1993] NSWCA 174, the New South Wales Court of Appeal considered an appeal by the plaintiff, Ms Markovska, against a decision of the District Court of New South Wales. The dispute concerned the plaintiff's claim for damages for personal injuries allegedly sustained as a result of negligence on the part of the defendant hospital.

The primary legal issue before the Court of Appeal was whether the District Court judge had erred in finding that the plaintiff had failed to establish negligence on the part of the hospital. Specifically, the court had to determine if the medical treatment provided to the plaintiff fell below the standard of care expected of a reasonably competent medical practitioner in the circumstances.

The Court of Appeal analysed the evidence presented at trial, including expert medical testimony, to assess whether the hospital's actions or omissions constituted a breach of duty of care. The court applied the principles of negligence as established in Australian common law, focusing on the elements of duty, breach, causation, and damages. The court considered whether the treatment provided was a reasonable course of action in the context of the plaintiff's condition and the available medical knowledge at the time.

The Court of Appeal upheld the decision of the District Court, finding no error in the judge's assessment of the evidence. Consequently, the appeal was dismissed.