Price v Cwm Taf University Health Board

Negligence – Personal injury. The appellant's appeal against a judge's decision dismissing his medical negligence claim, concerning two of three knee operations that had been carried out at the respondent's hospital, was dismissed. In dismissing the ground of appeal based on informed consent, concerning the second operation, the Queen's Bench Division agreed with the judge below that the departure from the NICE guidelines had not been prima facie evidence of negligence. The court held that there was no public law duty to expressly inform a patient that an operation was not in accordance with the NICE guidelines, and that the judge had come to conclusions open to him on the evidence. The court further held that, on the facts, there was no ground for overturning the judge's conclusions concerning the third operation.

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