Consent, causation and Chester  – the Court of Appeal examines the modified test in Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307

This blog is by Vanessa Cashman of 12 King's Bench Walk. Summary The claimant underwent a total abdominal hysterectomy and bilateral salpingo-oophorectomy in order to treat extremely painful and heavy periods. She was 41 years old at the time. The operation was performed non-negligently on 25 March 2008. Following surgery the claimant developed Chronic Post-Surgical … Continue reading Consent, causation and Chester  – the Court of Appeal examines the modified test in Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307

Surgical consent case report: materiality of risk – Montgomery vs Bolam

B v An NHS Trust Isaac Hogarth of 12KBW instructed by Joel Onyems of OP Law (representing the Claimant) discusses a recent case which settled at JSM. The case is of particular interest due to the arguments concerning the objective nature of the test of materiality under Montgomery v Lanarkshire Health Board [2015] UKSC 11 … Continue reading Surgical consent case report: materiality of risk – Montgomery vs Bolam