Defreitas v O'Brien and another

(1993) 4 Med LR 281

MAYOR'S AND CITY OF LONDON COURT

and Honour Judge BYRT

Professional liability — Orthopaedic surgeon — Negligence — Diagnosis and treatment — Nerve root compression — Exploratory surgery — Whether orthopaedic surgeon was negligent in performing operations when there was no clear clinical or radiological evidence to substantiate requirement for operation to take place — Whether surgeon acted contrary to opinion of responsible body of ordinary medical persons specializing in spinal surgery — Professional liability — Neurosurgeon — Treatment of patient — Whether, following discharge of fluid from back wound, decision of neurosurgeon to leave open breach in dural wall was contrary to opinion of responsible body of ordinary medical persons specializing in neurosurgery