Hassell v Hillingdon Hospitals NHS Foundation Trust [2018] EWHC 164 (QB) (06 February 2018)

Hassell v Hillingdon Hospitals NHS Foundation Trust [2018] EWHC 164 (QB) (06 February 2018)

The defendant failed to ensure Mrs Hassell was aware of the material risk of paralysis and alternative conservative treatments, breaching the duty to obtain informed consent. Had she been properly informed, she would not have undergone the operation. The operation itself was performed with reasonable care and skill, and the cause of the spinal cord injury could not be determined. Judgment for the claimant on the basis of lack of informed consent.

Citation
[2018] EWHC 164
Parties
Claimant: Tracy Hassell; Defendant: Hillingdon Hospitals NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
06 February 2018
Procedural Posture
Clinical Negligence Claim / High Court Trial, Judgment
Outcome
Judgment for the claimant
Legal Topics
Informed Consent, Clinical Negligence, Causation, Duty of Care
Medical Law Tort Law Informed Consent Clinical Negligence Causation Duty of Care

Case Brief

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Parties

Tracy Hassell

Claimant

Hillingdon Hospitals NHS Foundation Trust

Defendant

Procedural Posture

Clinical Negligence Claim / High Court Trial, Judgment

Legal Issues

  1. 1 Whether the claimant gave informed consent to the operation
  2. 2 Whether the defendant breached the duty to inform the claimant of material risks and alternatives
  3. 3 Whether the operation was performed negligently

Ratio Decidendi

The defendant failed to ensure Mrs Hassell was aware of the material risk of paralysis and alternative conservative treatments, breaching the duty to obtain informed consent. Had she been properly informed, she would not have undergone the operation. The operation itself was performed with reasonable care and skill, and the cause of the spinal cord injury could not be determined. Judgment for the claimant on the basis of lack of informed consent.

Court Disposition

Judgment for the claimant

Orders

  • Defendant to pay agreed damages of £4.4 million to the claimant