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

The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:

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

Produced in partnership with Nageena Khalique QC of No 5 Chambers

STOP PRESS: Note that amendments to CPR PD 22 regarding statements of truth will come into force on 6 April 2020. The changes address the issue of cases where a witness statement is presented in English but where, notwithstanding signature of the statement, the witness cannot speak English and the statement is not necessarily ‘in their own words’. CPR PD 22 will also require a statement of truth to be dated with the date that it is signed and the required wording of the statement of truth will be amended to include a warning that proceedings for contempt of court may be brought against those who give a statement of truth without an honest belief in its truth. For more information, see News Analysis: 113th practice direction update—31 March and 6 April 2020—Changes in force 6 April 2020. This content will be updated in light of these changes in time for the 6 April 2020 in force date.

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