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Clinical negligence round-up

Dr Jock Mackenzie reviews recent case law, particularly claims concerning delayed treatment and incorrectly performed operations

15 April 2016

In Jacobs v King's College Hospital NHS Foundation Trust [2016] EWHC 121 (QB), Mr Justice Jay had to determine whether the defendant's surgeon (K) was in breach of duty in the performance of inguinal hernia surgery. The claimant (J) asserted that K had failed to perform appropriate surgery on her indirect hernia, operating instead only on her direct hernia, and stated that immediately post-operatively she had noticed she still had a right groin lump, requiring further hernia repair a year later. However, during a review of J a month after surgery, a nurse had recorded no evidence of hernia recurrence, although J also alleged that the nurse had been negligent in failing to identify and record a persisting hernia.

While accepting the experts' evidence that K may have overlooked an indirect hernia, the judge concluded it was not likely, and, if J had advised the nurse that the hernia had not disappeared, the latter wo...

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