Galloway v Hasn [2009] NSWDC 349

New South Wales District Court

CITATION: Galloway v Hasn [2009] NSWDC 349

HEARING DATE(S): 24-27 August 2009 EX TEMPORE JUDGMENT DATE : 28 August 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1) Verdict for the defendant DECISION: 2) The plaintiff is to pay the defendant's costs on an Ordinary basis up to and including the 15 October 2007 and on an Indemnity basis thereafter. 3) The Exhibits are Returned

CATCHWORDS: MEDICAL NEGLIGENCE - Hip replacement surgery resulting in increased leg length discrepancy - Whether the result of the defendant's negligence - Appropriateness of pre and intra-operative procedures - Causation

LEGISLATION CITED: Civil Liability Act 2002

PARTIES: Helen Galloway (Plaintiff) Dr B James Hasn (Defendant)

FILE NUMBER(S): 638/06

COUNSEL: J Sandford (For the Defendant)

SOLICITORS: Plaintiff Self Represented Tresscox Lawyers (For the Defendant)

JUDGMENT

1 Ms Helen Galloway was diagnosed in adolescence to be suffering from a condition known as protrusio acetabulae or Otto pelvis. This condition was described by Dr Fox, an expert in the proceedings, in the following terms: Protrusio acetabulae is a condition of the hip in which the femoral head and the acetabulum bulge in or project into the pelvis. The condition is commonly bilateral. Idiopathic protrusio acetabulae is usually present in adolescence and they manifest clinically at any age, at which time degenerative arthritis of the hip develops.

2 He stated that this extract was taken from Steinberg, "The Hip and its Disorders".

3 The plaintiff was treated by Dr Ostinga and Dr Ghabrial for her left leg deformity and discomfort by sub trochanteric osteotomy and manipulation under anaesthetic. The result of the condition was that the plaintiff underwent a right total hip replacement at the hands of the defendant in October 2004. She claimed an unsatisfactory outcome as a result of negligence by the defendant, causing her unacceptable leg length discrepancy, pain and discomfort. The plaintiff was self represented.