Galloway v Hasn [2009] NSWDC 349

Galloway v Hasn [2009] NSWDC 349

There was no negligence on the part of the defendant in performing the right total hip replacement. The surgery was clinically indicated, appropriate conservative treatments had failed, proper pre-operative and intra-operative procedures were undertaken, and the resulting leg length discrepancy was within an acceptable range according to peer professional opinion.

Parties
Plaintiff: Helen Galloway; Defendant: Dr B James Hasn
Jurisdiction
Australia
Judgment Date
28 August 2009
Procedural Posture
Civil / Judgment
Outcome
Verdict for the defendant
Legal Topics
Hip Replacement Surgery, Leg Length Discrepancy, Professional Negligence, Pre and Intra Operative Procedures, Causation
Medical Negligence Hip Replacement Surgery Leg Length Discrepancy Professional Negligence Pre and Intra Operative Procedures Causation

Case Brief

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Parties

Helen Galloway

Plaintiff

Dr B James Hasn

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether right hip replacement surgery was performed negligently resulting in increased leg length discrepancy
  2. 2 Appropriateness of pre and intra-operative procedures
  3. 3 Causation of plaintiff's pain and discomfort

Ratio Decidendi

There was no negligence on the part of the defendant in performing the right total hip replacement. The surgery was clinically indicated, appropriate conservative treatments had failed, proper pre-operative and intra-operative procedures were undertaken, and the resulting leg length discrepancy was within an acceptable range according to peer professional opinion.

Court Disposition

Verdict for the defendant

Orders

  • Plaintiff to pay the defendant's costs on an ordinary basis up to and including 15 October 2007 and on an indemnity basis thereafter
  • The exhibits are returned