Worral v Antoniadu [2016] EWCA Civ 1219

A consultant plastic surgeon appealed against a finding of negligence arising from the respondent’s claim for an unsatisfactory breast augmentation operation. The respondent had alleged that she had undergone the operation in reliance on the negligent advice of the surgeon. At first instance the judge had found that the surgeon had unintentionally allowed the respondent to leave the consultation with the impression that after breast augmentation a more invasive mastopexy would not be needed for 5-10 years; whereas in fact the Claimant was advised following the augmentation procedure that a mastopexy was required in 10 months.

Held: The surgeon had been found negligent because she had failed to dispel an impression which she had not herself expressly given and which she had neither known nor ought to have known the patient had somehow derived. The question which the judge ought to have asked himself was whether anything said or done by the surgeon at the consultation would have been reasonably understood by a patient in the patient’s position as an assurance that it would be between 5-10 years before she would require a mastopexy. A defendant medical professional ought not to be liable in such circumstances unless she was responsible for the patient getting the wrong impression or, having realised the misapprehension or in circumstances where she ought so to have realised, took no steps to dispel it.

January 15, 2017 В· Editorial Team В· Comments Closed
Posted in: Cases