Charles Bagot QC succeeds in important appeal for NHS Wales touching on consent to treatment, departing from NICE guidelines, joint replacement surgery, approach to appeals on findings of fact and adequacy of judicial reasons

We now have an important appeal judgment which has been handed down in Price v Cwm Taf University Health Board [2019] EWHC 938 (QB) (available here) touching on a range of issues relevant to clinical negligence and civil procedure. Birss J dismissed the appeal by the Claimant (“C”) against the judgment of HHJ Petts itself dismissing C’s claim for a large seven-figure sum in damages arising out of arthroscopic treatment and a subsequent partial-knee replacement from which there had been a poor but (as it was upheld on appeal) non-negligent outcome. It also provides useful guidance for those considering appeals on findings of fact. Charles Bagot KC acted for NHS Wales.

The case is considered in more detail in an article available here.