Plan v El-Amir & Anor [2020] EWHC 2902 (QB) (02 November 2020)

Plan v El-Amir & Anor [2020] EWHC 2902 (QB) (02 November 2020)

The first defendant failed to obtain the claimant's informed consent for the surgery by not adequately informing her of the limited benefits and significant risks, and failed to perform a timely PI after post-operative complications, both of which fell below the standard of care required and caused the claimant's loss of vision in her right eye.

Citation
[2020] EWHC 2902 (QB)
Parties
Claimant: Betty Plant (by her Son and Litigation Friend, Rodney Winchester); First Defendant: Mr Ahmed El-Amir; Second Defendant: London Eye Hospital Limited
Jurisdiction
England and Wales
Judgment Date
02 November 2020
Procedural Posture
Clinical Negligence Claim / Judgment on Liability
Outcome
Liability established against the first defendant for negligence in both informed consent and post-operative care; claim against second defendant dismissed upon withdrawal.
Legal Topics
Informed Consent, Standard of Care, Causation, Clinical Negligence, Ophthalmic Surgery
Tort Medical Negligence Informed Consent Standard of Care Causation Clinical Negligence Ophthalmic Surgery

Case Brief

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Parties

Betty Plant (by her Son and Litigation Friend, Rodney Winchester)

Claimant

Mr Ahmed El-Amir

First Defendant

London Eye Hospital Limited

Second Defendant

Procedural Posture

Clinical Negligence Claim / Judgment on Liability

Legal Issues

  1. 1 Whether the first defendant failed to obtain informed consent from the claimant for eye surgery
  2. 2 Whether the first defendant was negligent in post-operative care, specifically in failing to perform a peripheral iridotomy (PI) in a timely manner
  3. 3 Whether these breaches caused the claimant's loss of vision

Ratio Decidendi

The first defendant failed to obtain the claimant's informed consent for the surgery by not adequately informing her of the limited benefits and significant risks, and failed to perform a timely PI after post-operative complications, both of which fell below the standard of care required and caused the claimant's loss of vision in her right eye.

Court Disposition

Liability established against the first defendant for negligence in both informed consent and post-operative care; claim against second defendant dismissed upon withdrawal.

Orders

  • Claim against London Eye Hospital Limited dismissed upon withdrawal by claimant.
  • First defendant found liable for damages to be assessed.