Orthopedic surgeon appeals lost defamation case against media outlets

An orthopedic surgeon has appealed a Federal Court ruling that dismissed his defamation suit against media outlets and three journalists over a 2022 investigation into his surgical practices. The surgeon's barrister told the Full Court of the Federal Court in Sydney on Tuesday that the original judgment contained multiple errors.

The barrister argued the finding of negligence applied the wrong legal standard and was not available to the trial judge.

Background of the case The surgeon is known for performing osseointegration procedures that connect artificial limbs directly to a patient's skeleton. The 2022 reports alleged negligent surgery and claimed some patients suffered serious losses after their operations.

The barrister said evidence presented at trial showed one patient's reported losses occurred before the surgery, but the trial judge did not address that evidence. Hundreds of pages of material disputing findings about multiple patients have been filed for the appeal.

Trial outcome and appeal status The original trial lasted several weeks and ended with a ruling that the reports were in the public interest and that contextual truth had been established. The surgeon had alleged 75 defamatory imputations, though the court found only some were conveyed.

The appeal hearing resumed on Wednesday and is expected to continue for a fortnight. The public interest defence used in the case had not previously succeeded in an Australian defamation trial.