MR DANIEL WATTS v NORTH BRISTOL NHS TRUST

MR DANIEL WATTS v NORTH BRISTOL NHS TRUST

The appellant failed to prove on the balance of probabilities that he would have chosen microdiscectomy if properly advised, and therefore causation was not established; the judge's findings were not plainly wrong.

Parties
Appellant: Mr Daniel Watts; Respondent: North Bristol NHS Trust
Jurisdiction
England and Wales
Judgment Date
29 July 2022
Procedural Posture
Civil Appeal / Judgment on Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Informed Consent, Causation, Clinical Negligence, Damages
Medical Negligence Tort Law Informed Consent Causation Clinical Negligence Damages

Case Brief

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Parties

Mr Daniel Watts

Appellant

North Bristol NHS Trust

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the appellant was properly informed of alternative surgical procedures and gave informed consent
  2. 2 Whether the appellant would have chosen microdiscectomy if properly advised
  3. 3 Whether the appellant suffered additional loss as a result of undergoing spinal fusion instead of microdiscectomy

Ratio Decidendi

The appellant failed to prove on the balance of probabilities that he would have chosen microdiscectomy if properly advised, and therefore causation was not established; the judge's findings were not plainly wrong.

Court Disposition

Appeal dismissed