Hazhar Shally v Imperial College Healthcare NHS Trust
[2023] EWHC 1304 (KB)
Michelle Parsons v Isle of Wight NHS Trust
5 December 2023
[2023] EWHC 3115 (KB)
High Court
A woman had surgery and the doctor tried many times to put in an epidural for pain relief. The doctor didn't properly explain all the options or get her permission for some of the attempts. Because of this, the woman's spinal cord was damaged. The court ruled in her favor because the doctor didn't get proper consent, even though the number of attempts itself wasn't considered negligent.
Key Facts
- •Claimant suffered spinal cord damage during multiple attempts at epidural anaesthesia before and during bowel surgery.
- •10 attempts were made to insert a trocar, one of which pierced the spinal cord.
- •Claimant's symptoms include reduced power in her right leg, pain, pins and needles, and hip ache.
- •Quantum of claim agreed at £1.3 million.
- •Liability was the main issue in dispute.
- •Informed consent and the reasonableness of the number of attempts were key legal issues.
Legal Principles
Standard of care for medical professionals.
Bolam v Frien Hospital [1957] 1 WLR 582; Bolitho v City and Hackney HA [1998] AC 232
Informed consent – the patient's right to make informed decisions about their treatment.
Montgomery v Lanarkshire [2015] AC 143
Expert evidence – principles governing expert witness testimony.
Ikarian Reefer: National Justice v Prudential Assurance [1993] 2 Lloyd’s Rep. 68; Imperial Chemical v Merit Merrell [2018] EWHC 1577
Witness credibility – factors to consider when assessing witness statements.
CNZ v Royal Bath [2023] EWHC 19 (KB); Onassis v Vergottis [1968] 2 Lloyd’s Rep. 403
Outcomes
Judgment for the Claimant.
Failure to obtain informed consent for the epidural attempts under general anaesthetic constituted a battery. While the number of attempts was at the outer limit of acceptable practice, it was not found to be negligent.
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