Philippa Caroline Deakin-Stephenson v Nebil Behar

Philippa Caroline Deakin-Stephenson v Nebil Behar

The claimant failed to prove, on the balance of probabilities, that any requests for referral to a colorectal surgeon were made to Mr Behar, that he induced her transfer to private care, or that she was not properly consented for the surgical options and risks. The evidence showed that reasonable alternative treatments were discussed and consented, the timing of surgery was reasonable, and there was no breach of duty or causation. The Trust was not vicariously liable after transfer to private care, and there was no policy failure. The claims against both defendants were dismissed.

Parties
Claimant: Philippa Caroline Deakin-Stephenson; First Defendant: Nebil Behar; Second Defendant: Chelsea and Westminster Hospital NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
13 September 2024
Procedural Posture
Personal Injury / Clinical Negligence / High Court Trial Judgment
Outcome
Claim dismissed
Legal Topics
Consent to Medical Treatment, Vicarious Liability, Standard of Care, Causation, Hospital Policy, Expert Evidence
Tort Law Medical Negligence Consent to Medical Treatment Vicarious Liability Standard of Care Causation Hospital Policy Expert Evidence

Case Brief

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Parties

Philippa Caroline Deakin-Stephenson

Claimant

Nebil Behar

First Defendant

Chelsea and Westminster Hospital NHS Foundation Trust

Second Defendant

Procedural Posture

Personal Injury / Clinical Negligence / High Court Trial Judgment

Legal Issues

  1. 1 Whether the claimant and/or her family requested a referral to a colorectal surgeon or second opinion from Mr Behar
  2. 2 Whether Mr Behar instigated and induced the claimant’s transfer to private care
  3. 3 Whether Mr Behar informed the claimant that a Hartmann's procedure was a surgical option

Ratio Decidendi

The claimant failed to prove, on the balance of probabilities, that any requests for referral to a colorectal surgeon were made to Mr Behar, that he induced her transfer to private care, or that she was not properly consented for the surgical options and risks. The evidence showed that reasonable alternative treatments were discussed and consented, the timing of surgery was reasonable, and there was no breach of duty or causation. The Trust was not vicariously liable after transfer to private care, and there was no policy failure. The claims against both defendants were dismissed.

Court Disposition

Claim dismissed

Orders

  • The claim against the first defendant is dismissed.
  • The claim against the second defendant is dismissed.