Orthopaedic surgery claim

XYZ v Warrington & Halton NHS Foundation Trust [2016] EWHC 331 (QB)

Counsel: For the claimant: Darryl Allen QCFor the defendant: Charles FeenySolicitors: For the claimant: Potter Rees DolanFor the defendant: Hill Dickinson

An orthopaedic surgeon was found not to have been in breach of his duty of care when he decided to perform spinal surgery on a 17-year-old who had suffered continual pain for several years and who also had psychiatric problems. The court found that the surgeon had been entitled to treat correspondence from the patient’s psychiatrist as positive support for the proposed surgery, as it had indicated that the patient’s back pain was exacerbating her mental health problems and surgery should not be delayed.