Kelly Chilton v Michael Payne
[2024] EWHC 451 (Admin)
Philippa Caroline Deakin-Stephenson v Nebil Behar
13 September 2024
[2024] EWHC 2338 (KB)
High Court
A woman sued her surgeon and the hospital after a serious illness. The judge didn't believe the woman's story about what happened and ruled that the surgeon and hospital hadn't done anything wrong. The woman's serious health problems were unfortunately not caused by any mistakes made by the doctor or hospital.
Key Facts
- •Ms. Phillipa Deakin-Stephenson (claimant) suffered acute abdominal pain and was admitted to Chelsea and Westminster Hospital in November 2016.
- •She was diagnosed with diverticulitis with a localized perforation.
- •Consultant surgeon Mr. Nebil Behar (1st defendant) initially treated her conservatively, but a second CT scan showed disease progression.
- •Mr. Behar performed a laparoscopic lavage, followed by a Hartmann's procedure after a further deterioration.
- •Ms. Deakin-Stephenson suffered significant long-term consequences, including chronic pain and PTSD.
- •The claimant alleged negligence against Mr. Behar and vicarious liability against the Chelsea and Westminster Hospital NHS Foundation Trust (2nd defendant).
Legal Principles
Standard of care for medical professionals: A medical professional is not negligent if they act 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
Informed consent: A doctor must take reasonable care to ensure the patient is aware of material risks, alternative treatments, and the patient's significance to those risks.
Montgomery v Lanarkshire Health Board [2015] UKSC 11
Assessment of reasonable alternative treatments: The test is the professional practice test in Bolam.
McCullough and others v Forth Valley Health Board [2023] UKSC 26
Vicarious liability: Hospitals are not generally vicariously liable for the negligence of independent contractors.
Clerk and Lindsell on Torts, 24th edition; Charlesworth and Percy on Negligence, 15th edition
Outcomes
Claim against Mr. Behar dismissed.
The court found the claimant's evidence unreliable and improbable regarding requests for a colorectal surgeon referral, the transfer to private care, and the adequacy of the consenting process. Mr. Behar's actions were found to be within the accepted standard of care.
Claim against the Trust dismissed.
The court found no vicarious liability for Mr. Behar's actions after the claimant became a private patient. The claim of systemic policy failure was also not proven.