Hassell v Hillingdon Hospitals NHS Foundation Trust

Hassell v Hillingdon Hospitals NHS Foundation Trust

Mrs Hassell was not informed of the material risk of paralysis or alternative conservative treatments prior to the operation, and would not have consented had she been properly informed. The operation was performed with reasonable care and skill, but causation is established due to lack of informed consent.

Parties
Claimant: Tracy Hassell; Defendant: Hillingdon Hospitals NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
06 February 2018
Procedural Posture
Civil / Judgment
Outcome
Judgment for Claimant
Legal Topics
Informed Consent, Clinical Negligence, Causation, Duty of Care
Medical Negligence Personal Injury Informed Consent Clinical Negligence Causation Duty of Care

Case Brief

Summary, issues, holding and outcome

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Parties

Tracy Hassell

Claimant

Hillingdon Hospitals NHS Foundation Trust

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Mrs Hassell gave informed consent to the operation
  2. 2 Whether Mr Ridgeway carried out the operation in accordance with a reasonable and responsible body of spinal surgeons
  3. 3 Whether any failure to carry out the operation with reasonable care and skill caused the spinal cord damage suffered by Mrs Hassell

Ratio Decidendi

Mrs Hassell was not informed of the material risk of paralysis or alternative conservative treatments prior to the operation, and would not have consented had she been properly informed. The operation was performed with reasonable care and skill, but causation is established due to lack of informed consent.

Court Disposition

Judgment for Claimant

Orders

  • Defendant to pay agreed damages of £4.4 million to Claimant