This blog is by Vanessa Cashman of 12 King’s Bench Walk.
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 Pain as a result of nerve damage. The issues were whether she was properly consented in respect of the risk of post-operative pain and whether she could establish causation. Continue reading “Consent, causation and Chester – the Court of Appeal examines the modified test in Duce v Worcestershire Acute Hospitals NHS Trust  EWCA Civ 1307”