Claim involving alleged negligence in bariatric surgery

Claim involving alleged negligence in bariatric surgery

Patients treated in the private healthcare sector have claims based in contract as well as in the tort of negligence, which in some circumstances might give them an advantage. Defendants working in the sector are in a rather different position from those employed in the NHS, who have all the advantages that can be afforded by vicarious liability and NHS indemnity. In the case outlined here, the key issues were argued in negligence.