Deakin-Stephenson v Behar & Anor [2024] EWHC 2338 (KB) (13 September 2024)

Deakin-Stephenson v Behar & Anor [2024] EWHC 2338 (KB) (13 September 2024)

The court found that the claimant did not, on the balance of probabilities, request a referral to a colorectal surgeon from Mr Behar, nor did her family. The evidence did not support that Mr Behar induced her transfer to private care. Mr Behar provided information about the Hartmann's procedure as an option and obtained proper consent. There was no negligent delay in surgery. The deterioration was not foreseeable and not caused by any breach. The Trust was not vicariously liable for Mr Behar's acts after the transfer to private care, and there was no policy failure. The claim was dismissed in its entirety.

Citation
[2024] EWHC 2338 (KB)
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
Standard of Care, Informed Consent, Causation, Vicarious Liability, Hospital Policy, Expert Evidence
Tort Law Medical Negligence Standard of Care Informed Consent Causation Vicarious Liability 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 Mr Behar failed to refer the claimant to a colorectal surgeon upon request
  2. 2 Whether Mr Behar induced the claimant's transfer to private care
  3. 3 Whether Mr Behar properly informed the claimant of the Hartmann's procedure as an option

Ratio Decidendi

The court found that the claimant did not, on the balance of probabilities, request a referral to a colorectal surgeon from Mr Behar, nor did her family. The evidence did not support that Mr Behar induced her transfer to private care. Mr Behar provided information about the Hartmann's procedure as an option and obtained proper consent. There was no negligent delay in surgery. The deterioration was not foreseeable and not caused by any breach. The Trust was not vicariously liable for Mr Behar's acts after the transfer to private care, and there was no policy failure. The claim was dismissed in its entirety.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed against both defendants
  • No damages awarded