Ecclestone v Medway NHS Foundation Trust

Ecclestone v Medway NHS Foundation Trust

The court found that in 2008 there was a responsible body of orthopaedic surgeons who performed lateral releases by the percutaneous technique, and this method was described in leading textbooks without criticism. Both the percutaneous and arthroscopic techniques could be logically supported, and the use of the...

Source-derived case information.

Parties
Claimant: Marc Ecclestone; Defendant: Medway NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
12 April 2013
Procedural Posture
Civil Medical Negligence / Judgment After Trial
Outcome
Claim dismissed. Judgment for the defendant.
Legal Topics
Standard of Care, Bolam Test, Bolitho Modification, Causation, Post Operative Care, Damages
Tort Law Medical Negligence Standard of Care Bolam Test Bolitho Modification Causation Post Operative Care Damages

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Summary, issues, holding and outcome

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Parties

Marc Ecclestone

Claimant

Medway NHS Foundation Trust

Defendant

Procedural Posture

Civil Medical Negligence / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant was negligent in using the percutaneous technique for lateral release rather than the arthroscopic technique
  2. 2 Whether the defendant was negligent in the provision of post-operative care by referring the claimant to his GP after 24 hours instead of maintaining access to the surgical team
  3. 3 Whether any alleged negligence caused or materially contributed to the claimant's injury and disability

Ratio Decidendi

The court found that in 2008 there was a responsible body of orthopaedic surgeons who performed lateral releases by the percutaneous technique, and this method was described in leading textbooks without criticism. Both the percutaneous and arthroscopic techniques could be logically supported, and the use of the percutaneous technique was not negligent. The post-operative care arrangements were standard within the NHS and reasonable. The claimant failed to establish negligence on either ground.

Court Disposition

Claim dismissed. Judgment for the defendant.