Negligence and consent

Meiklejohn v St George’s Healthcare NHS Trust [2013] EWHC 469 (QB)

Judgment for defendantCounsel: For the claimant: Richard BoothFor the defendant: Alexander Hutton QCSolicitors: For the claimant: Anthony GoldFor the defendant: Bevan Brittan LLP

No negligence in failure to diagnose rare condition, or to warn of extremely rare side effects.The High Court has held that there was nothing in a patient’s clinical presentation or history to suggest to a blood specialist that he was suffering from a rare genetic disorder. She had not been negligent in failing to so suspect or treat him on the basis that he was suffering from a different disorder. Doctors are often concerned about how much advice to give patients about rare side effects of treatment. This decision provides some reassuring clarification.