Diamond v Royal Devon & Exeter NHS Foundation Trust [2019] EWCA Civ 585 (08 April 2019)

Diamond v Royal Devon & Exeter NHS Foundation Trust [2019] EWCA Civ 585 (08 April 2019)

The appeal was dismissed because the trial judge made a proper factual finding that, even if fully informed, the appellant would have proceeded with the mesh repair; there was no causative link between the breach of duty and the alleged injury, and no basis for a free-standing claim for damages for lack of informed consent or psychiatric injury.

Citation
[2019] EWCA Civ 585
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 (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Informed Consent, Causation, Psychiatric Injury, Patient Autonomy, Clinical Negligence
Medical Negligence Personal Injury Tort Law Informed Consent Causation Psychiatric Injury Patient Autonomy Clinical Negligence

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 (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding that the appellant would have consented to mesh repair even if properly informed of risks and alternatives
  2. 2 Whether the appellant was entitled to damages for psychiatric injury allegedly caused by lack of informed consent
  3. 3 Whether a negligent non-disclosure of information by a doctor creates a free-standing right to damages

Ratio Decidendi

The appeal was dismissed because the trial judge made a proper factual finding that, even if fully informed, the appellant would have proceeded with the mesh repair; there was no causative link between the breach of duty and the alleged injury, and no basis for a free-standing claim for damages for lack of informed consent or psychiatric injury.

Court Disposition

Appeal dismissed

Orders

  • No order for damages beyond those already awarded at first instance
  • No further relief granted