Thefaut v Johnston [2017] EWHC 497 (QB) (14 March 2017)

Thefaut v Johnston [2017] EWHC 497 (QB) (14 March 2017)

The defendant failed to provide the claimant with adequate information about the risks and benefits of the proposed surgery, falling below the standard required by law for informed consent. The evidence established that the claimant would not have consented to surgery had she been properly advised. However, the claimant failed to prove on the balance of probabilities that the defendant was negligent in the actual performance of the surgery or that any alleged surgical negligence caused her injuries.

Citation
[2017] EWHC 497
Parties
Claimant: Lisa Thefaut; Defendant: Francis Johnston
Jurisdiction
England and Wales
Judgment Date
14 March 2017
Procedural Posture
Clinical Negligence Claim / Liability Trial; Quantum to Follow
Outcome
Claim succeeded on informed consent; failed on surgical negligence; quantum to be determined.
Legal Topics
Informed Consent, Medical Negligence, Duty of Care, Causation, Montgomery Test
Medical Law Tort Law Informed Consent Medical Negligence Duty of Care Causation Montgomery Test

Case Brief

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Parties

Lisa Thefaut

Claimant

Francis Johnston

Defendant

Procedural Posture

Clinical Negligence Claim / Liability Trial; Quantum to Follow

Legal Issues

  1. 1 Whether the defendant failed to obtain informed consent from the claimant for surgery
  2. 2 Whether the defendant was negligent in the performance of the discectomy

Ratio Decidendi

The defendant failed to provide the claimant with adequate information about the risks and benefits of the proposed surgery, falling below the standard required by law for informed consent. The evidence established that the claimant would not have consented to surgery had she been properly advised. However, the claimant failed to prove on the balance of probabilities that the defendant was negligent in the actual performance of the surgery or that any alleged surgical negligence caused her injuries.

Court Disposition

Claim succeeded on informed consent; failed on surgical negligence; quantum to be determined.

Orders

  • Judgment for the claimant on the issue of informed consent.
  • Claim for negligence in surgical performance dismissed.