§ PUBLISHED JUDGMENT · 2017

Thefaut v Johnston

[2017] EWHC 497 (QB)·High Court (Queen's Bench Division)·14 March 2017

Mrs Thefaut was told her disc operation had about a 90% chance of curing her leg pain and would probably settle her back pain, with tiny risks. Green J found the real prospects and risks were materially different, that she was not properly informed, and that the claim succeeded on consent although the surgery itself was not negligently performed.

Outcome

Claimant succeeded

Sum stated in judgment

Not stated

Claim type

Brain & Spinal Surgery Negligence

Decided

Liability decided at trial

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§ WHAT HAPPENED

The facts, in brief.

Defendant: Mr Francis Johnston (spinal surgeon, Parkside Hospital)

Injury: Worsened leg pain, reduced bladder sensation and altered sexual sensation after L4/L5 discectomy

Specialty: Spinal surgery · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“The end result is that: (a) the claim succeeds against Mr Johnston upon the basis of the issue relating to informed consent; (b) the claim does not succeed upon the basis of negligence in relation to the performance of the surgery.”

The money

Liability only; succeeded on informed consent, failed on negligent performance; quantum to follow

§ WHY IT MATTERS

What this case shows.

Overstating the benefits or understating the risks of surgery can breach the Montgomery duty even when the operation is done competently. Patients must be given a fair picture including the option of not operating.

About brain & spinal surgery negligence claims →

§ MORE BRAIN & SPINAL SURGERY NEGLIGENCE JUDGMENTS

Claimant succeeded

Dickinson v Newcastle upon Tyne Hospitals NHS Foundation Trust

[2026] EWHC 1574 (KB)·2026·Liability and damages decided at trial

A 37-year-old alcohol-dependent man admitted for a facial abscess was not given the prophylactic vitamin B1 (Pabrinex) that guidelines required during withdrawal, which the Trust admitted was a breach. The judge found this caused Wernicke's encephalopathy and a lasting functional disorder, and set the main heads of damages including a 24-hour care regime.

Breach was admitted, so the case turned on proving the brain injury was caused by the omission rather than by pre-existing conditions. It illustrates how catastrophic-injury awards are built from a care multiplicand, case management and accommodation rather than a single headline figure.

Claim failed

Hakmi v East & North Hertfordshire NHS Trust & Anor

[2025] EWHC 2597 (KB)·2025·Liability decided at trial

An orthopaedic surgeon had a second stroke and the on-call stroke consultant, assessing by telephone because the video link was broken, decided against clot-busting treatment. The judge found documentation was poor but that thrombolysis would probably not have changed the outcome, and rejected the defendants' allegation that the claimant had faked his test results.

Poor record-keeping and a remote consultation do not win a case on their own; the claimant must show the missed treatment would have made a real difference. A defence of dishonesty needs solid evidence and failed here.

Claimant succeeded

Dee v Welsh Ambulance Services NHS Trust & Ors

[2023] EWHC 2765 (KB)·2023·Damages assessed at trial

A man who fell from a scooter in May 2019 alleged the ambulance crew and the A&E department failed to recognise and immobilise a spinal injury, manage his blood pressure or protect him from pressure sores. On an interim payment application the Master was satisfied he would succeed on the hand-function and pressure-sore injuries and ordered £109,006.96.

Where the evidence of breach and causation is strong, a court can order a substantial interim payment before trial to fund immediate needs, even though the final award remains to be decided.

All brain & spinal surgery negligence judgments →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

This guide is general information about the law in England and Wales, not legal advice about your case. ClaimGavel is run by Costart Projects Ltd on behalf of Tomlin & Partners, a specialist medical negligence firm regulated by the SRA. The free assessment on this page is an AI overview to show you roughly where you stand; a solicitor confirms the position in a free, no-obligation conversation.