Nyberg v. Provost Municipal Hospital Board
Majority: hospital board was liable because the burn resulted from negligence by a nurse in performing routine ministerial ward duties after the operation; Hillyer did not apply to post‑operative, routine nursing tasks; regulation no.9 could not oust liability because it exceeded statutory regulatory power and no adequate notice to the patient was proved; the hospital undertook to nurse the patient and is responsible for its servants' negligence in that duty.
- Citation
- [1927] SCR 226
- Parties
- Appellant / Plaintiff: Karl Nyberg; Respondent / Defendant: Provost Municipal Hospital District (Provost Municipal Hospital Board)
- Court
- Supreme Court of Canada
- Jurisdiction
- Canada
- Judgment Date
- 4 January 1927
- Procedural Posture
- Tort (negligence) Personal Injury in Hospital / Appeal to Supreme Court of Canada From Appellate Division of the Supreme Court of Alberta
- Outcome
- Appeal allowed; judgment of trial judge restored; costs to appellant
- Legal Topics
- Vicarious Liability, Duty of Care of Hospitals, Liability for Nurse Negligence, Effect of Regulatory Disclaimers, Master Servant Relation in Operating Theatre
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Karl Nyberg
Appellant / Plaintiff
Provost Municipal Hospital District (Provost Municipal Hospital Board)
Respondent / Defendant
Procedural Posture
Tort (negligence) Personal Injury in Hospital / Appeal to Supreme Court of Canada From Appellate Division of the Supreme Court of Alberta
Legal Issues
- 1 Whether the hospital board is vicariously liable for burns caused by a nurse to a patient after an operation
- 2 Whether the Hillyer v. St. Bartholomew's rule (non-responsibility where staff act under surgeon's orders) applies
- 3 Whether regulation no.9 purporting to make patients assume all risk is valid and effective to exclude liability
Ratio Decidendi
Majority: hospital board was liable because the burn resulted from negligence by a nurse in performing routine ministerial ward duties after the operation; Hillyer did not apply to post‑operative, routine nursing tasks; regulation no.9 could not oust liability because it exceeded statutory regulatory power and no adequate notice to the patient was proved; the hospital undertook to nurse the patient and is responsible for its servants' negligence in that duty.
Court Disposition
Appeal allowed; judgment of trial judge restored; costs to appellant
Orders
- Appeal allowed with costs in Supreme Court of Canada and Appellate Division
- Judgment of trial judge restored awarding damages of $5,182 to appellant
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