Snow v Royal United Hospitals Bath NHS Foundation Trust
[2023] EWHC 42 (KB)·2023·Liability and damages decided at trial
An engineer had a then-novel transanal rectal cancer operation without being told of the risks to sexual, urinary and bowel function, and was consented on the day of surgery. The judge found the trust failed to follow NICE guidance, accepted he would have chosen a conventional laparoscopic operation, and awarded £298,616.73.
Consent taken on the day of surgery without explaining material risks or alternatives can found a claim even if the surgery itself was competently done. New or learning-curve procedures need particularly careful counselling.