MacDonald v Pottinger - [1953] NZLR 196

Negligence — Res Ipsa Loquitur — Surgical Operation performed by Team of Workers — Forceps left in Patient — Action against Surgeon only — Doctrine of Res Ipsa Loquitur not applicable in Circumstances of Complicated Surgical Operation performed by Team of Workers.

Practice — Costs — Action by Patient against Surgeon claiming damages for Alleged Negligence — Statement of Claim alleging Negligence during Operation and Postoperative Negligence — One Sum of Damages claimed — Two Separate Causes of Action — Jury finding for Defendant in respect of Alleged Negligence during Operation and for Plaintiff on Claim relating to Post-operative Treatment — Causes of Action closely related and really Alternative Claims — Nature of Order for Costs — Code of Civil Procedure, RR 115, 555, 565.