Thefaut v Johnston [2017] EWHC 497 (QB): informed consent and clinical negligence

March 15, 2017

In Thefaut v Johnston [2017] EWHC 497 (QB) Nicholas Peacock represented the successful claimant at the liability trial before Mr Justice Green. The claim succeeded on the basis that the claimant had not given her informed consent to surgery. The Judge found that she was not warned about material risks of discectomy surgery and that, had she been properly advised, she would not have undergone surgery. The Defendant was found liable for the consequences of the surgery, including the operation which he undertook and subsequent revision surgery undertaken by a different surgeon. Damages are to be assessed.