Diamond v Royal Devon & Exeter NHS Foundation Trust

Diamond v Royal Devon & Exeter NHS Foundation Trust

The appeal was dismissed because the trial judge's finding that the appellant would have proceeded with mesh repair even if properly warned was supported by evidence and not erroneous. There was no causation for psychiatric injury, and no freestanding right to damages for breach of duty in non-disclosure.

Parties
Appellant: Lucy Diamond; Respondent: Royal Devon & Exeter NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
08 April 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Clinical Negligence, Informed Consent, Causation, Psychiatric Injury
Medical Law Tort Law Clinical Negligence Informed Consent Causation Psychiatric Injury

Case Brief

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Parties

Lucy Diamond

Appellant

Royal Devon & Exeter NHS Foundation Trust

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether failure to obtain informed consent for mesh repair constituted actionable negligence
  2. 2 Whether psychiatric injury from learning of pregnancy risks was compensable
  3. 3 Whether breach of duty in non-disclosure creates a freestanding right to damages

Ratio Decidendi

The appeal was dismissed because the trial judge's finding that the appellant would have proceeded with mesh repair even if properly warned was supported by evidence and not erroneous. There was no causation for psychiatric injury, and no freestanding right to damages for breach of duty in non-disclosure.

Court Disposition

Appeal dismissed