SEM v The Mid Yorkshire Hospitals Trust

SEM v The Mid Yorkshire Hospitals Trust

The application was refused because the trial judge was entitled to rely on the agreed psychiatric evidence that the claimant would have opted for the same surgery even if properly advised, and no error of law or plainly wrong finding of fact was demonstrated.

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

Case Brief

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Parties

SEM

Claimant/appellant

The Mid Yorkshire Hospitals NHS Trust

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding that causation was not established despite admitted negligence in failing to advise the claimant of alternative treatments
  2. 2 Whether inaccuracies in medical records and alleged bias in psychiatric evidence undermined the trial judge's findings
  3. 3 Whether the claimant would have chosen a different treatment if properly advised

Ratio Decidendi

The application was refused because the trial judge was entitled to rely on the agreed psychiatric evidence that the claimant would have opted for the same surgery even if properly advised, and no error of law or plainly wrong finding of fact was demonstrated.

Court Disposition

application refused

Orders

  • Permission to appeal refused