Sidra Bilal & Anor v St George's University Hospital NHS Foundation Trust
[2023] EWCA Civ 605
Kelly Chilton v Michael Payne
1 March 2024
[2024] EWHC 451 (Admin)
High Court
A patient sued her surgeon for an infection after surgery. The judge said the surgeon wasn't at fault because he followed hospital rules and relied on nurses to monitor the patient. The appeals court agreed, saying the surgeon's actions were acceptable within the context of how the hospital operated.
Key Facts
- •Ms. Chilton underwent revision abdominoplasty surgery performed by Mr. Payne.
- •Post-operative infection led to Ms. Chilton's admission to Walsall Hospital and debridement.
- •Expert witnesses agreed that earlier review by Mr. Payne (around 17 July 2014) would have prevented the complications.
- •Ms. Chilton claimed negligence against Mr. Payne for inadequate follow-up care.
- •The Hospital Group, where the surgery took place, had gone into administration.
- •The trial relied on transcripts due to lost tape recordings of evidence.
- •Ms. Chilton appealed the Recorder's dismissal of her claim.
Legal Principles
Medical negligence is determined by whether the defendant acted in accordance with a practice accepted as proper by a responsible body of medical men.
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582
The court must be satisfied that the expert opinion relied upon has a logical basis, considering comparative risks and benefits.
Bolitho v Hackney Health Authority [1998] AC 232
Expert witnesses cannot usurp the functions of the judge as the ultimate decision-maker.
Kennedy v Cordia (Services) LLP [2016] UKSC 6
An appeal court will allow an appeal where the lower court's decision was wrong or unjust due to a serious procedural irregularity.
CPR 52.11(3)(a)
The appeal court's power to interfere with a judge's order is limited to errors in law, fact, or discretion.
CPR 52.11.4, King v Telegraph Group Ltd [2004] EWCA Civ 613
A serious procedural irregularity can lead to an appeal's success even if the same decision would have been reached without the irregularity.
Dunbar Assets plc v Dorcas Holdings Ltd [2013] EWCA Civ 864
Outcomes
Appeal dismissed.
The Recorder's decision was correct. Mr. Payne did not breach his duty of care. The judge's assessment of the evidence, including expert testimony and the context of the Hospital's protocols, was reasonable.
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