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Case Overview:

A 51 year old man went in for a left hip replacement and was explained the risks of the procedure. During the operation there were no complications, but post operatively he had sensory dysfunction of the femoral nerve and then later complained of motor dysfunction of the sciatic nerve. These are known post-operative complications and he also had additional risk factors, such as obesity and Leggs Perthes disease (a weakening of bone in hips) that was diagnosed when he was a child. The defense position was that the damage was not due to laceration, transaction or nicking the nerves, but was most likely the result of retraction and/or hematoma formation. That if the surgeon had cut or lacerated the nerve there would be both motor and sensory damage to the nerves, which there was not. The jury found in favor of the defense.