SEM v The Mid Yorkshire Hospitals Trust [2006] EWCA Civ 643 (27 April 2006)

SEM v The Mid Yorkshire Hospitals Trust [2006] EWCA Civ 643 (27 April 2006)

The judge found that, even with proper advice, the claimant would have opted for the surgery performed, and her psychiatric condition meant conservative treatment was unlikely to succeed. No error of law or fact was demonstrated.

Citation
[2006] EWCA Civ 643
Parties
Claimant/appellant: SEM; Defendant/respondent: The Mid Yorkshire Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
27 April 2006
Procedural Posture
Clinical Negligence Appeal / Application for Permission to Appeal
Outcome
application refused
Legal Topics
Causation, Psychiatric Evidence, Informed Consent, Procedural Fairness
Medical Negligence Personal Injury Causation Psychiatric Evidence Informed Consent Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

SEM

Claimant/appellant

The Mid Yorkshire Hospitals NHS Trust

Defendant/respondent

Procedural Posture

Clinical Negligence Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the failure to provide pre-operative advice caused the claimant's injury
  2. 2 Whether psychiatric evidence was properly considered
  3. 3 Whether inaccuracies in medical records affected the outcome

Ratio Decidendi

The judge found that, even with proper advice, the claimant would have opted for the surgery performed, and her psychiatric condition meant conservative treatment was unlikely to succeed. No error of law or fact was demonstrated.

Court Disposition

application refused

Orders

  • permission to appeal denied