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

Mrs Hassell was not informed of the material risk of paralysis or alternative conservative treatments, and would not have consented to the operation if properly informed; causation established. The operation was performed with reasonable care and skill, and the cause of injury could not be determined.

Source-derived case information.

Citation: [2018] EWHC 164 (QB)
Parties: Claimant: Tracy Hassell; Defendant: Hillingdon Hospitals NHS Foundation Trust
Jurisdiction: England and Wales
Judgment Date: 06 February 2018
Procedural Posture: Clinical Negligence Claim / Final Judgment After Trial
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

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Tracy Hassell

Claimant

Hillingdon Hospitals NHS Foundation Trust

Defendant

Procedural Posture

Clinical Negligence Claim / Final Judgment After Trial

Legal Issues

1 Whether Mrs Hassell gave informed consent to the operation
2 Whether Mrs Hassell would have had the operation if properly informed
3 Whether Mr Ridgeway performed the operation with reasonable care and skill

Ratio Decidendi

Court Disposition

Judgment for the claimant

Orders

Defendant to pay agreed damages of £4.4 million

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