Smith v Barking, Havering and Brentwood Health Authority

(1994) 5 Med LR 285

QUEEN'S BENCH DIVISION

and Mr Justice HUTCHISON

Causation — Consent — Failure to warn — Second operation (hydromyelia) possibly resulting in significant benefit or significant deprivation but not imperative for preserving patient's life — Patient suffering tetraplegia nine months earlier as result of operation — Surgeon failing to warn — Whether plaintiff would have had operation in any event — Whether objective or subjective test applicable — Factors for consideration