SEM v The Mid Yorkshire Hospitals NHS Trust [2005] EWHC B3 (QB) (12 September 2005)

SEM v The Mid Yorkshire Hospitals NHS Trust [2005] EWHC B3 (QB) (12 September 2005)

Although Miss Fishwick negligently failed to advise Mrs M of alternative treatments, the evidence showed that Mrs M would have chosen the same surgery even if properly advised, due to her psychiatric condition and history. Therefore, causation was not established and the claim failed.

Source-derived case information.

Citation
[2005] EWHC B3
Parties
Claimant: Mrs M; Defendant: Kathryn Fishwick; Defendant: NHS Trust
Jurisdiction
England and Wales
Judgment Date
12 September 2005
Procedural Posture
Clinical Negligence / Judgment After Trial
Outcome
claim dismissed
Legal Topics
Informed Consent, Causation, Standard of Care, Damages, Trespass to the Person
Medical Negligence Tort Law Informed Consent Causation Standard of Care Damages Trespass to the Person

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mrs M

Claimant

Kathryn Fishwick

Defendant

NHS Trust

Defendant

Procedural Posture

Clinical Negligence / Judgment After Trial

Legal Issues

  1. 1 Whether Miss Fishwick was negligent in failing to advise Mrs M of alternative treatments and the risks of the procedure.
  2. 2 Whether the failure to advise caused Mrs M's injuries and losses.
  3. 3 Whether the use of non-absorbable sutures required specific advice to be given to Mrs M.

Ratio Decidendi

Although Miss Fishwick negligently failed to advise Mrs M of alternative treatments, the evidence showed that Mrs M would have chosen the same surgery even if properly advised, due to her psychiatric condition and history. Therefore, causation was not established and the claim failed.

Court Disposition

claim dismissed