Roy and Mary Porter are seeking damages against The John Hunter Hospital (the defendant) on behalf of their 6-year-old daughter, Eliza. Their claim relates to an alleged act of negligence which occurred during a surgical procedure on the 5th November 2020.

Eliza was admitted to hospital with suspected appendicitis on the morning of the 5th November. She had been complaining of severe sharp pains in the lower right side of her stomach. Upon admission to A&E, she was diagnosed as having an acute appendicitis and an emergency appendectomy was scheduled. The surgery was conducted by Dr Elizabeth Ryan, a senior paediatric surgeon at the hospital and was supervised by Dr Tom Bradley, a senior surgical registrar in anaesthetics. The evidence of the anaesthetist, Dr Bradley, was to the effect that the relevant anaesthetic processes were followed correctly and that nothing abnormal had occurred during the appendectomy. Dr Ryan's medical notes align with this view and explain how the patient was moved into the recovery suite 40 minutes after the surgery began. She was described as being absolutely normal at this stage.

In the recovery suite, Eliza was under the care of a number of nurses, including Mr. Jack Matthews. Jack noticed that the patient had been struggling to regain consciousness "as quickly as they might have expected" and called for Dr Ryan to carry out an assessment approximately eight hours post- surgery. An hour later, Eliza started to develop seizures and became unresponsive shortly after. According to the patient's medical notes, she slipped into a coma approximately 9-10 hours after the anaesthetic had been administered to her.

On the 6th of November, Eliza underwent a CT scan which showed generalised brain oedema (brain swelling). Later tests confirmed that Eliza had suffered irreversible brain damage during the surgery and is unlikely to wake up from her comatose state. At the time of writing, Eliza remains unconscious at the John Hunter Hospital. She has been given a life expectancy of 12 months.

(1)An email dated 5th November 2020 written by Dr Tom Bradley to the Head of Anaesthetics at the John Hunter Hospital.

Can you explain how the hearsay rule would apply in this situation?