Bradfield-Kay v Cope [2020] EWHC 1351 (QB) (21 May 2020)

Bradfield-Kay v Cope [2020] EWHC 1351 (QB) (21 May 2020)

Mr Cope was negligent in failing to ensure the acetabular component was not prominent and in failing to check the correct femoral component, as there was no logical or reasonable basis for neglecting these precautions; the standard required was that of a competent hip surgeon in 2009. The claim regarding failure to...

Source-derived case information.

Citation
[2020] EWHC 1351 (QB)
Parties
Claimant: Thomas Bradfield-Kay; Defendant: Marcus Cope
Jurisdiction
England and Wales
Judgment Date
21 May 2020
Procedural Posture
Clinical Negligence Claim / Trial on Breach of Duty
Outcome
Claimant succeeds in part; breaches of duty found in relation to acetabular and femoral components, but not in relation to the 9 August 2010 consultation.
Legal Topics
Standard of Care in Surgery, Bolam Test, Bolitho Exception, Orthopaedic Surgery Negligence, Hip Replacement Complications
Medical Negligence Tort Law Standard of Care in Surgery Bolam Test Bolitho Exception Orthopaedic Surgery Negligence Hip Replacement Complications

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Summary, issues, holding and outcome

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Parties

Thomas Bradfield-Kay

Claimant

Marcus Cope

Defendant

Procedural Posture

Clinical Negligence Claim / Trial on Breach of Duty

Legal Issues

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

Ratio Decidendi

Mr Cope was negligent in failing to ensure the acetabular component was not prominent and in failing to check the correct femoral component, as there was no logical or reasonable basis for neglecting these precautions; the standard required was that of a competent hip surgeon in 2009. The claim regarding failure to record or investigate groin pain at the 9 August 2010 consultation was not established as the complaint was not made at that time.

Court Disposition

Claimant succeeds in part; breaches of duty found in relation to acetabular and femoral components, but not in relation to the 9 August 2010 consultation.