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Consent, causation, and competence

Dr Jock Mackenzie provides a round-up of recent clinical negligence case law

11 July 2017

In Sandra Maria Correia v University Hospital of North Staffordshire NHS Trust [2017] EWCA Civ 356, the Court of Appeal considered the claimant’s (C) appeal against a lower court finding that, while an operation had been performed negligently, it had not caused chronic regional pain syndrome (CRPS).

C suffered with a painful foot neuroma and a surgeon proposed to perform a rare three-stage procedure. It was common ground that all three stages needed to be performed for the operation to be carried out competently, but neither the consent form nor the operation note mentioned stage three (nerve relocation). The recorder found the procedure was performed negligently and there was no appeal against that finding. However, two issues arose on appeal: consent and causation.

Regarding consent, C asserted that, in omitting stage three, the surgeon had not performed the operatio...

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