The appellant surgeon appealed a finding of negligence after he mistakenly cut the respondent's aorta during a laparoscopic hiatus hernia operation.
The trial judge drew an inference of negligence from circumstantial evidence, rejecting the appellant's explanations of medical misadventure.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's factual findings or inference-drawing process.
