- Court of Appeal rejects damages top up (Shaw (personal representative of the estate of Ewan (deceased)) v Kovac and another)
- Original news
- What issues did this case raise?
- What happened in this case?
- How did the judgment clarify the law in this area?
- What are the implications of this decision?
- Are there any grey areas or unresolved issues remaining that practitioners will need to watch out for?
Personal Injury analysis: Should the failure to obtain a patient’s informed consent to an operation lead to an award of damages above and beyond any other award of damages that might be made? Alexander Hutton QC and Nicholas Pilsbury, barristers at Hailsham Chambers, discuss the Court of Appeal’s decision in Shaw v Kovac and another.
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