§ PUBLISHED JUDGMENT · 2021

Negus & Anor v Guy's and St Thomas' NHS Foundation Trust

[2021] EWHC 643 (QB)·High Court (Queen's Bench Division)·19 March 2021

The executors of Mrs Neill argued her surgeon should have enlarged the aortic root to fit a larger valve rather than implant a 19mm mechanical valve, and failed to warn her about that option. Eady J found the valve choice was not negligent and, although the possibility of root enlargement should have been mentioned, it would have made no difference to her decision.

Outcome

Claim failed

Sum stated in judgment

Not stated

Claim type

Cardiac Negligence

Decided

Liability decided at trial

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§ WHAT HAPPENED

The facts, in brief.

Defendant: Guy's and St Thomas' NHS Foundation Trust (St Thomas' Hospital) · this trust’s claims data

Injury: Re-do aortic valve surgery a year later with complications, heart failure and later death, alleged to result from an undersized mechanical valve

Specialty: Cardiac surgery · England

§ WHAT THE COURT SAID

In the judgment’s own words.

“For all the reasons provided, I dismiss this claim.”

The money

Claim dismissed; limited consent breach found but caused no loss

§ WHY IT MATTERS

What this case shows.

A consent failure only leads to compensation if the patient would have made a different choice with proper information. Surgical decisions supported by a responsible body of opinion are not negligent just because another surgeon would have done differently.

About cardiac negligence claims →

§ MORE CARDIAC NEGLIGENCE JUDGMENTS

Claimant succeeded

Dakin v South Tees Hospitals NHS Foundation Trust

[2026] EWCC 26·2026·Liability decided at trial

A theatre nurse with worsening palpitations saw a hospital physician who admittedly failed to arrange 24-hour ECG monitoring. The judge found monitoring would have caught her atrial fibrillation in time for anticoagulants to prevent the stroke she suffered.

Palpitations that keep coming back need proper heart-rhythm monitoring. Where a missed test would have led to blood-thinning treatment, a later stroke can be laid at the hospital's door.

Claimant succeeded

HQA v Newcastle-upon-Tyne Hospitals NHS Foundation Trust

[2025] EWHC 2121 (KB)·2025·Liability decided at trial

A 25-year-old with congenital heart disease suffered a severe brain injury when her aorta was cut during a high-risk repeat sternotomy and it took around 24 minutes to get her onto full bypass. The judge found the surgeon should have exposed the femoral vessels in advance (saving around 13 minutes) and that consent was deficient; she would still have gone ahead with the operation, but with that precaution taken.

Surgeons planning a known high-risk operation must take reasonable precautions beforehand and tell the patient about them; a court can find negligence in planning and consent even where the intra-operative error itself was not negligent.

All cardiac 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.

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