The patient claimed damages.
Held: On the balance of probabilities the claimant would have consented to the operation even if properly advised as to the risk of tetraplegia. The defendant was not liable.
Judges:
Hutchison J
Citations:
[1994] 5 Med LR 285
Cited by:
Cited – Chester v Afshar HL 14-Oct-2004
The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence
Updated: 09 May 2022; Ref: scu.216510
