chester v afshar

Chester v Afshar 3 WLR 927 House of Lords The claimant had suffered back pain for 6 years. Unfortunately, Ms Duce sustained nerve damage and now suffers from Chronic Post-Surgical Pain (“CPSP”). Save my name, email, and website in this browser for the next time I comment. When Miss Chester regained consciousness she reported motor and sensory impairment below the level of L2. Case Summary The defendant appealed, submitted that there was no causation as the likelihood of the claimant having consented to the operation at some point did not alter the fact that the operation bore risks. Chester v Afshar Chester v Afshar Introduction In its decision in Chester v Afshar?1 a 3:2 majority of the House of Lords held that the scope of a doctor's duty to warn his patient of a non-negligible risk inherent in surgery extends to liability for personal injuries sustained … In Chester v. Afshar,2 the highest English court went further Miss Chester's case that the operation was performed negligently was rejected by the trial judge (Judge Robert Taylor). Appeal from – Afshar v Chester CA (Bailii, Times 13-Jun-02, Gazette 18-Jul-02, EWCA Civ 724, QB 356, 3 All ER 552, 3 WLR 1195, 67 BMLR 66) The surgeon carried out the operation successfully, but the claimant suffered consequential post operative damage. Chester v Afshar (2004) English Medical Law ‘No Full Disclosure’ by Robert Burridge ‘But for’ causation and the principles of tort, while reminiscent of criminal procedure, can fall foul to policy loopholes when a duty of care is involved. Mr Afshar did examine Miss Chester, did advise and did undertake surgery. Ms Duce did not argue that the operation was performed negligently. The House of Lords decided that a doctor's failure to inform a patient of all surgery risks vitiates the need to show that harm would have been caused by the failure to inform. Three days later, on 21 November 1994, Mr Afshar conducted an operation on Miss Chester's back, with her consent. At first instance, the judge determined that whilst the defendant had not been negligent in his surgical performance, he was liable for having failed to adequately inform the claimant of the risks, as had the operation been performed on an alternative date, her injuries may not have been exacerbated. 927; [2004] 4 All E.R. Introduction Shortly after Fairchild v. Glenhaven Funeral Services Ltd.,1 the House of Lords once again departed from orthodox causation rules in order to assist what it thought was a deserving plaintiff. CHESTER V.AFSHAR: STEPPING FURTHER AWAY FROM CAUSATION? A patient, Miss Chester, was under the care of a neurosurgeon, Mr Afshar, for a 6-year history of back pain and she had been shown to have a vertebral disc protrusion on an MRI scan. Chester v Afshar: Case Summary The Claimant suffered back pain for 6 years which became severe to the point at times she was unable to control her bladder or walk. Chester v Afshar [2004] UKHL 41 is an important English tort law case regarding causation in a medical negligence context. After an MRI scan it was was reveled that there was a disk protrusion into the spinal column and she was therefore advised to have surgery. 927; [2004] 4 All E.R. Chester v Afshar This case involved a surgeon who failed to warn a patient of the potential risks of the operation, the court held that the scope of the surgeon’s duty of care to his patient included a duty to warn of any risks, hence there should be a remedy where a doctor failed to fulfil that duty. 14th Jun 2019 Ms Duce made a claim against the respondent for damages relating to an operation performed at Worcester Royal Hospital on 25thMarch 2008 which aimed to relieve her of persistent period pain. The surgery was performed accurately and as efficiently as possible by Dr. Afshar. As a patient, trust is placed upon the doctor or physician to properly educate and make the patient aware any potential risks or benefits of a procedure. The House of Lords decided that a d... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. Surgeon found to be in breach of duty for failing to warn, however small the risk is. This thesis shall critically examine the cases of Chester v Afshar and Gregg v Scott to establish whether the cases can co-exist despite the stark differences in judicial reasoning to similar causal difficulties in each case. The House of Lords decided that a doctor's failure to fully inform a patient of all surgery risks vitiates the need to show that harm would have been caused by the failure to inform. Looking for a flexible role? Registered Data Controller No: Z1821391. He had not been warned of the risk, and sought damages. Mrs C was very nervous about her surgery, later medical evidence suggests the possibility of spinal damage (which she eventually sustained) was about 1-2%. However, the surgery carried an inherent risk of significant nerve damage in about 1-2% of cases. This became quite severe and at times she was unable to walk or control her bladder. Chester v Afshar[v] On 21 st November 1994 Mr Afshar carried out a microdiscectomy at three disc levels on Miss Chester. Chester v Afshar [2004] UKHL 41 is an important English tort law case regarding causation in a medical negligence context. In Chester v. Afshar, the highest English court went further than it had previously dared to by accepting such a departure in a medical liability case. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Mrs C's physician omitted to inform her of the possibilities of spinal damage. It was therefore suggested that had she been informed she would have had the surgery at another time, which would probably not have led to the unfortunate r… It was therefore suggested that had she been informed she would have had the surgery at another time, which would probably not have led to the unfortunate r… Chester v Afshar. Establishing causation following consent to medical treatment and subsequent injury. In Chester v. Afshar, the highest English court The case of Chester v. Afshar suggested that the Fairchild ratio could be extended to beyond industrial disease cases. Chester v Afshar [2004] UKHL 41 is an important English tort law case regarding causation in a medical negligence context. Ms. Chester suffered from severe backaches for a considerable amount of time, and was referred to Dr. Afshar who was a renowned consultant neurosurgeon. Judgement for the case Chester v Afshar D breached his tortious duty to P to warn her of the possible complication of an operation and this complication occurred. The pain could be severe and she had experienced episodes of being unable to walk or control her bladder. It is common ground that Mr Afshar advised Miss Chester that the three intra-vertebral discs in … He had not been warned of the risk, and sought damages. Mr Afshar advised surgery on the protruding disc. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. In Chester v Afshar itself, Lord Hope argued that the claim should fail on what he called ‘conventional causal principles’, because although the but-for test was satisfied, the inherent risk which had materialized ‘was not increased, nor were the chances of avoiding it lessened’ by the defendant’s failure to disclose it. Chester v Afshar: Case Summary. Facts. Chester v. Afshar [2004] UKHL 41 Country: United Kingdom Region: Europe Year: 2004 Court: House of Lords Health Topics: Health information, Informed consent, Medical malpractice Human Rights: Right to bodily integrity Facts Carole Ogilvy Chester made a claim of medical negligence against her surgeon Fari Afshar and sought damages. In accordance with logic and authority (eg Allied Maples Group Ltd v Simmons & Simmons [1995] 1 WLR 1602) the answer to that question must considerably depend upon the answer to the further question of what would have happened if she had been properly warned. 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