Lesforis v Tolias

Lesforis v Tolias

It was negligent for the defendant to prescribe chemo-prophylaxis within six hours of spinal surgery, as this fell outside the range of reasonable practice in 2013 and was not justified by the claimant's individual risk factors; the judge's findings were supported by the evidence and the appeal was dismissed.

Parties
Claimant/respondent: Yvonne Lesforis; Defendant/appellant: Christos Tolias
Jurisdiction
England and Wales
Judgment Date
25 March 2019
Procedural Posture
Civil Appeal (medical Negligence) / Appeal From High Court Judgment on Liability
Outcome
Appeal dismissed
Legal Topics
Standard of Care, Clinical Judgment, Bolam Test, Causation, Expert Evidence
Medical Negligence Tort Law Standard of Care Clinical Judgment Bolam Test Causation Expert Evidence

Case Brief

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Parties

Yvonne Lesforis

Claimant/respondent

Christos Tolias

Defendant/appellant

Procedural Posture

Civil Appeal (medical Negligence) / Appeal From High Court Judgment on Liability

Legal Issues

  1. 1 Whether prescribing antithrombotic medication (chemo-prophylaxis) within three hours of spinal surgery constituted a breach of duty in the specific circumstances of the claimant's risk factors
  2. 2 Whether the trial judge failed to address the relevance of the claimant's individual risk factors to the timing of chemo-prophylaxis

Ratio Decidendi

It was negligent for the defendant to prescribe chemo-prophylaxis within six hours of spinal surgery, as this fell outside the range of reasonable practice in 2013 and was not justified by the claimant's individual risk factors; the judge's findings were supported by the evidence and the appeal was dismissed.

Court Disposition

Appeal dismissed