Bradfield-Kay v Cope

There was no logical or justifiable basis for failing to ensure the acetabular component was not prominent and at risk of impinging the iliopsoas tendon; Mr Cope’s misunderstanding regarding the femoral component constituted negligence. The allegation regarding failure to record or investigate groin pain at the 9 August 2010 consultation was not established.

Parties: Claimant: Thomas Bradfield-Kay; Defendant: Marcus Cope
Jurisdiction: England and Wales
Judgment Date: 21 May 2020
Procedural Posture: Medical Negligence / Trial on Breach of Duty
Outcome: Claimant succeeds in part; breach of duty established for acetabular and femoral component placement, not for failure to record/investigate groin pain.
Legal Topics: Clinical Negligence, Standard of Care, Surgical Error

Medical Law Tort Law Clinical Negligence Standard of Care Surgical Error

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Bradfield-Kay

Claimant

Marcus Cope

Defendant

Procedural Posture

Medical Negligence / Trial on Breach of Duty

Legal Issues

1 Whether Mr Cope was negligent in the placement of the acetabular component during left total hip replacement
2 Whether Mr Cope was negligent in the choice and placement of the femoral component
3 Whether Mr Cope failed to record or investigate the claimant’s complaints of groin pain at the 9 August 2010 consultation

Ratio Decidendi

Court Disposition

Claimant succeeds in part; breach of duty established for acetabular and femoral component placement, not for failure to record/investigate groin pain.