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 there was a negligent failure to advise about alternative treatments, Mrs M would, on the balance of probabilities, have chosen the same surgery even if properly advised. There was no breach of duty in failing to advise about non-absorbable sutures. The claim fails on causation.

Citation
[2005] EWHC B3 (QB)
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, Trespass to the Person
Medical Negligence Tort Law Informed Consent Causation Standard of Care Trespass to the Person

Case Brief

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 failure to advise about alternative treatments constituted negligence
  2. 2 Whether failure to advise about non-absorbable sutures was negligent
  3. 3 Whether the operation was more extensive than justified

Ratio Decidendi

Although there was a negligent failure to advise about alternative treatments, Mrs M would, on the balance of probabilities, have chosen the same surgery even if properly advised. There was no breach of duty in failing to advise about non-absorbable sutures. The claim fails on causation.

Court Disposition

claim dismissed