David Lee Barrett v Sandwell & West Birmingham Hospitals NHS Trust [2015] EWHC 2627 (QB)

A claim for personal injuries for loss of eyesight suffered as a result of alleged clinical negligence of hospital staff failed. The Court found that it was reasonable for a consultant ophthalmic surgeon to treat C’s intraocular pressure medically rather than operating. C, who suffered from diabetes-related eye disease, had also failed to show that the delay in operating on his left eye had contributed to the loss of vision in his right eye.

The Court held that the surgeon’s decision to pursue medical treatment was not negligent, and although the surgeon accepted he had not offered C surgery as an alternative option, C’s evidence was that he would have followed medical advice. As the medical advice would have been to proceed with the medical treatment given, C had not established that the breach of duty in failing to advise him of the option of surgery had caused any loss or damage.

October 15, 2015 В· Editorial Team В· Comments Closed
Posted in: Cases