Defence against a claim for damages for failure to obtain consent for cosmetic surgery
Produced in partnership with Nageena Khalique QC of No 5 Chambers

The following PI & Clinical Negligence precedent produced in partnership with Nageena Khalique QC of No 5 Chambers provides comprehensive and up to date legal information covering:

  • Defence against a claim for damages for failure to obtain consent for cosmetic surgery

Defence against a claim for damages for failure to obtain consent for cosmetic surgery

Claim No: [insert number]

In the High Court of Justice

Queen's Bench Division

[District Registry]

Parties

  1. [Mr AB]        Claimant

  1. and

  1. [CD NHS TRUST]        Defendant

_____________________________________________________________________________

DEFENCE

_____________________________________________________________________________

    1. 1

      Paragraph 1 of the Particulars of Claim is admitted save that the Defendant was at all material times the National Health Service Trust responsible for the administration, management and control of EF Hospital to provide medical, surgical, nursing and other services within its district and to be responsible for medical, surgical and nursing staff, providing such services.

    1. 2

      [Mr GH] was at all material times an experienced and skilled consultant plastic surgeon employed by the Defendant at EF Hospital.

    1. 3

      As to paragraphs 2–4 of the Particulars of Claim:

      1. 3.1

        The chronology of the Claimant’s screening history is admitted;

      1. 3.2

        It is admitted that on [insert date] 20[insert year], the Claimant attended EF Hospital and was seen by [Mr GH] for a pre-operative assessment;

      1. 3.3

        Further, it is averred that at this appointment, which lasted over one hour, [Mr GH] discussed the breast augmentation procedure with the Claimant including risks, post-operative complications and warnings and recorded these in the Claimant’s clinical notes and the consent form;

      1. 3.4

        In addition [Mr GH] provided the hospital leaflet Cosmetic Surgery: Breast Augmentation to the Claimant which included a warning that the final appearance of the Claimant’s breasts would take several weeks

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