Crossman v St George's Healthcare NHS Trust
[2016] EWHC 2878 (QB)·2016·Liability decided at trial
A consultant agreed a plan of physiotherapy with surgical review in three months, but the hospital instead listed the patient straight for surgery and warned him he would lose priority if he did not attend. He suffered a rare nerve injury in the operation, and the judge held that but for the hospital's failure to follow the agreed plan he would not have had surgery then.
Hospitals must implement the treatment plan actually agreed with the patient. A non-negligent surgical complication can still be compensated if the operation itself should not have happened at that time.