Fallows v Randle

(1997) 8 Med LR 160

COURT OF APPEAL

Lord Justice STUART-SMITH, Lord Justice Peter GIBSON, and Lord Justice WARD

Professional liability — Gynaecology — Failed sterilisation — Laparoscopic sterilisation by use of “Fallope” ring occluding fallopian tube at isthmus — Ring found not to be in correct position when second operation was carried out — Whether judge entitled to make finding based upon evidence of plaintiff's medical expert as to most likely explanation of what had happened — Applicability of Bolam principle