Thefaut v Johnston

Mr Johnston failed to provide Mrs Thefaut with full and accurate advice regarding the risks and benefits of surgery, materially overstating the likelihood of success and omitting significant risks. Had proper advice been given, Mrs Thefaut would have refused or deferred surgery. The breach of duty was causative of her injury. The claim for clinical negligence in the performance of surgery fails due to insufficient evidence of breach or causation.

Parties: Claimant: Lisa Thefaut; Defendant: Francis Johnston
Jurisdiction: England and Wales
Judgment Date: 14 March 2017
Procedural Posture: Civil / Judgment on Liability
Outcome: Claim succeeds on informed consent; fails on clinical negligence.
Legal Topics: Informed Consent, Clinical Negligence, Causation, Duty of Care

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

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2

Parties

Lisa Thefaut

Claimant

Francis Johnston

Defendant

Procedural Posture

Civil / Judgment on Liability

Legal Issues

1 Whether the defendant failed to provide informed consent for elective surgery
2 Whether the surgery was performed negligently
3 Whether causation between breach and injury is established

Ratio Decidendi

Court Disposition

Claim succeeds on informed consent; fails on clinical negligence.

Orders

Liability established against Mr Johnston for breach of duty in informed consent.
Quantum to be determined in subsequent proceedings.