Plan v El-Amir & Anor

The first defendant failed to obtain informed consent and did not adequately explain risks and limited benefits of surgery; additionally, he negligently delayed performing PI after raised intraocular pressure, materially contributing to claimant's vision loss. Liability and causation are established.

Parties: Claimant: Betty Plant; Litigation Friend: Rodney Winchester; Defendant: Ahmed El-Amir; Defendant: London Eye Hospital Limited
Jurisdiction: England and Wales
Judgment Date: 02 November 2020
Procedural Posture: Civil / Judgment on Liability
Outcome: Liability established against first defendant for negligence in consenting process and post-operative care.
Legal Topics: Informed Consent, Standard of Care, Causation, Clinical Negligence

Medical Negligence Tort Law Informed Consent Standard of Care Causation Clinical Negligence

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

Betty Plant

Claimant

Rodney Winchester

Litigation Friend

Ahmed El-Amir

Defendant

London Eye Hospital Limited

Defendant

Procedural Posture

Civil / Judgment on Liability

Legal Issues

1 Whether the first defendant obtained informed consent for surgery
2 Whether the first defendant was negligent in post-operative care, specifically failure to perform PI promptly
3 Causation between surgery and claimant's glaucoma and vision loss

Ratio Decidendi

Court Disposition

Liability established against first defendant for negligence in consenting process and post-operative care.

Orders

Claim against second defendant dismissed upon withdrawal.
First defendant found liable in damages; quantum to be determined in subsequent hearing.