Laughton v Shalaby
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- THE RIGHT HONOURABLE LORD JUSTICE LONGMORE
- THE RIGHT HONOURABLE LORD JUSTICE McCOMBE
- THE RIGHT HONOURABLE LORD JUSTICE VOS
Areas of Law
- Tort Law
- Civil Procedure
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
This case involved Janet Laughton alleging negligence against surgeon Mr. Shalaby in a failed hip replacement surgery, resulting in pain and loss of mobility. Subsequent examinations revealed improper attachment of the gluteus medius muscle. During the trial, expert testimonies were presented from both sides, favoring non-negligence. The trial court found no breach of duty by Mr. Shalaby and dismissed the claim. Mrs. Laughton appealed, arguing the statistical rarity of the complication and raising extraneous factors. The appellate court dismissed the appeal, upholding the trial court's judgment, stating the evidence did not prove negligence.
Judgment
Lord Justice Longmore:
Introduction
Mrs Janet Laughton complains that Mr Shalaby acted negligently while performing a left hip replacement operation on 30 th July 2007 at the Horder Centre in East Sussex. Mr Shalaby said in evidence that he had no recollection of the operation itself which is unsurprising since he has performed about 3000 such operations in the course of his professional life. His notes show, however, that he used what is called the antero-lateral approach method of hip replacement. This requires the surgeon to reflect (detach) the muscle (or abductor) known as the gluteus medius from the bone called the trochanter so that the artificial hip joint can be inserted; once this insertion has taken place it is necessary to re-attach the gluteus medius to the trochanter at the conclusion of the operation. It was Mrs Laughton’s case at trial that Mr Shalaby had negligently failed to re-attach the gluteus medius properly or at all as he should have done.
On 3 rd March 2008 Mr Shalaby performed a right hip replacement operation on Mrs Laughton about which no complaint is made and which seems to have been successful.
The left hip operation was not so successful and Mrs Laughton continued to have a painful loss of mobility. Mr Buchanan, another surgeon at the Horder Centre saw her on 20 th April 2008 but did not recommend any action. On 30 th August 2008 she returned to the Horder Centre and saw another surgeon, Mr Fordyce, who recommended further surgery which he carried out on 24 th October 2008. During this surgery, Mr Fordyce discovered that the gluteus medius was not attached to the trochanter but was stuck to an adjoining muscle called the tensor fasciae latae. Mr Fordyce then attached the gluteus medius to the trochanter and Mrs Laughton’s left hip has become somewhat more comfortable but by no means painless.
HHJ William Birtles conducted a 4 day trial between 16 th and 19 th September 2013 at the Central London County Court. Mrs Laughton had instructed Mr Peter Morrison as her expert orthopaedic surgeon. He took the view that Mr Fordyce’s observations of October 2008 were conclusive evidence that Mr Shalaby either failed to re-attach the gluteus medius at all (his original expert report) or had failed to re-attach it properly (his oral evidence). Mr Shalaby instructed Professor Clarke of Southampton Hospital as his expert. He took the view that avulsion (tearing away) of the gluteus medius was a recognised (although rare) occu