Facts: The plaintiff, Mrs Patricia De Freitas, had suffered from back problems for many years. A particular incident in July, 1988 was so bad that she went to see the defendant, John O’Brien, a consultant orthopaedic surgeon. She was in intense pain and the defendant performed an anterior lumbar fusion. She was discharged home on 7 August, but readmitted a few days later complaining of further pain and restricted leg movement. The defendant performed further surgery on 26 August. The plaintiff’s condition did not improve. In October 1992, she alleged that Mr O'Brien was negligent in undertaking surgery on both July 15 and August 26 without any or sufficient radiological or clinical evidence to justify either operation. She also joined Mr Campbell-Connolly, a consultant neuro-surgeon, as a second defendant. (He was no longer a party by the time of the appeal.) On appeal, the only issue to be decided was whether the plaintiff had proved that the first defendant's decision to operate on August 26 was negligent.
Answer
De Freitas v O’Brien [1995] PIQR P281
Tags
#cases #clinical-negligence #negligence #tort
Question
Facts: The plaintiff, Mrs Patricia De Freitas, had suffered from back problems for many years. A particular incident in July, 1988 was so bad that she went to see the defendant, John O’Brien, a consultant orthopaedic surgeon. She was in intense pain and the defendant performed an anterior lumbar fusion. She was discharged home on 7 August, but readmitted a few days later complaining of further pain and restricted leg movement. The defendant performed further surgery on 26 August. The plaintiff’s condition did not improve. In October 1992, she alleged that Mr O'Brien was negligent in undertaking surgery on both July 15 and August 26 without any or sufficient radiological or clinical evidence to justify either operation. She also joined Mr Campbell-Connolly, a consultant neuro-surgeon, as a second defendant. (He was no longer a party by the time of the appeal.) On appeal, the only issue to be decided was whether the plaintiff had proved that the first defendant's decision to operate on August 26 was negligent.
Answer
?
Tags
#cases #clinical-negligence #negligence #tort
Question
Facts: The plaintiff, Mrs Patricia De Freitas, had suffered from back problems for many years. A particular incident in July, 1988 was so bad that she went to see the defendant, John O’Brien, a consultant orthopaedic surgeon. She was in intense pain and the defendant performed an anterior lumbar fusion. She was discharged home on 7 August, but readmitted a few days later complaining of further pain and restricted leg movement. The defendant performed further surgery on 26 August. The plaintiff’s condition did not improve. In October 1992, she alleged that Mr O'Brien was negligent in undertaking surgery on both July 15 and August 26 without any or sufficient radiological or clinical evidence to justify either operation. She also joined Mr Campbell-Connolly, a consultant neuro-surgeon, as a second defendant. (He was no longer a party by the time of the appeal.) On appeal, the only issue to be decided was whether the plaintiff had proved that the first defendant's decision to operate on August 26 was negligent.
Answer
De Freitas v O’Brien [1995] PIQR P281
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Facts: The plaintiff, Mrs Patricia De Freitas, had suffered from back problems for many years. A particular incident in July, 1988 was so bad that she went to see the defendant, John O’B
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