Polsen v Harrison

Polsen v Harrison concerned a claim of professional negligence brought by a patient against a medical practitioner who performed bariatric surgery. The patient alleged that they were discharged from hospital with an intra-abdominal haematoma, which constituted negligent treatment. The case was heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the medical practitioner's decision to discharge the patient, despite the presence of an intra-abdominal haematoma, was conduct that was widely accepted as competent professional practice by peer professional opinion in Australia. This question was to be determined in accordance with the provisions of section 5O of the *Civil Liability Act 2002* (NSW).

The Court of Appeal considered the evidence presented regarding peer professional opinion. It was required to assess whether the expert evidence established that the practitioner's actions met the standard of care required by section 5O. The court's reasoning would have involved an analysis of the expert testimony and its application to the statutory test for professional negligence.

The Court of Appeal dismissed the appeal from the judgment and orders made by the Common Law Division on 6 July 2023. The appellant was ordered to pay the respondent’s costs in the Court of Appeal.