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Personal Injury Compensation

Consent to orthopaedic treatment

Powell v University Hospitals Sussex NHS Foundation Trust [2023] EWHC 736 (KB)

A claim for negligence through inappropriate consenting of a patient for left revision total knee replacement has been dismissed by the High Court. The negligence alleged by the claimant was not for a want of due care and skill in the surgical procedures themselves. The claimant contended that if she had been advised, as was appropriate, about the risks and limitations of the procedures offered by the defendant, and if she had been informed of a reasonable alternative treatment, she would have taken that option, which would have eradicated any infection, and she would not have needed to undergo an amputation.

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