Scott -v- Macey & Anor [2012] IEHC 416 (19 October 2012)

Scott -v- Macey & Anor [2012] IEHC 416 (19 October 2012)

The court held that the first named defendant's use of the 'A' profiler to tap down the Hardinge Plug was not negligent when assessed prospectively. The risk of fracture was remote, the instrument chosen was appropriate given the circumstances, and the decision was within the range of acceptable surgical practice. There was no deviation from the standard of care expected of a consultant orthopaedic surgeon, and thus no negligence was established.

Citation
[2012] IEHC 416
Parties
Plaintiff: Nancy Scott; Defendant: Andrew Macey; Defendant: The Health Service Executive
Jurisdiction
Ireland
Judgment Date
19 October 2012
Procedural Posture
Personal Injury/medical Negligence / High Court Judgment
Outcome
Plaintiff's claim dismissed
Legal Topics
Standard of Care, Surgical Negligence, Causation, Orthopaedic Surgery, Professional Judgment
Medical Negligence Tort Law Standard of Care Surgical Negligence Causation Orthopaedic Surgery Professional Judgment

Case Brief

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Parties

Nancy Scott

Plaintiff

Andrew Macey

Defendant

The Health Service Executive

Defendant

Procedural Posture

Personal Injury/medical Negligence / High Court Judgment

Legal Issues

  1. 1 Whether the first named defendant was negligent in the manner in which he carried out the total hip replacement surgery, specifically in using the 'A' profiler to tap down the Hardinge Plug, resulting in a femoral fracture.

Ratio Decidendi

The court held that the first named defendant's use of the 'A' profiler to tap down the Hardinge Plug was not negligent when assessed prospectively. The risk of fracture was remote, the instrument chosen was appropriate given the circumstances, and the decision was within the range of acceptable surgical practice. There was no deviation from the standard of care expected of a consultant orthopaedic surgeon, and thus no negligence was established.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Plaintiff's action is dismissed.