The appellant anaesthetist appealed a trial judgment finding her liable for medical negligence after a patient suffered hypoxia, a heart attack, and permanent brain damage following premature extubation after gastric bypass surgery.
The appellant argued the trial judge demonstrated a reasonable apprehension of bias and made palpable and overriding errors in his factual findings, particularly regarding expert evidence and causation.
The Court of Appeal dismissed the appeal, finding no evidence of bias and concluding that the trial judge's factual findings were supported by the evidence and free of palpable and overriding error.
