Surgeon found liable for injuries because did not inform patient of risksBMJ 2002; 324 doi: https://doi.org/10.1136/bmj.324.7351.1414/b (Published 15 June 2002) Cite this as: BMJ 2002;324:1414
- Clare Dyer, legal correspondent
An English court of appeal has ruled that a neurosurgeon who performed a microdiscectomy without warning the patient of the risks involved, was responsible for the patient's injuries even though the surgery was not negligently performed.
Giving the judgment of the court, Sir Denis Henry said: “The appeal raises important and difficult issues, not so far considered at appellate level in this country, of when a doctor should be held to have caused the injury the risk of which he failed to give proper warning to his patient.”
Sir Denis, Lady Justice Hale, and Sir …