This is an important and wide ranging judgment dealing with the standard of care when introducing a new surgical technique to a hospital. It covers clinical governance, NICE and other guidelines, training, mentoring, supervision, documentation of patient selection and MDT decisions, Montgomery consent, and the documentation and conduct of the operation itself. It also considers factual and medical causation, and financial redress. It is critical of an independent surgical expert in relation to Part 35 CPR duties, an issue of concern in other recent cases. The successful Claimant was represented by Dr Peter Ellis of Hailsham Chambers instructed by Associate Rosaline Wong at Slater & Gordon, London.
You can read Dr Peter Ellis's review of the case and judgment below