Barrett v Sandwell and West Birmingham Hospitals NHS Trust
[2015] EWHC 2627 (QB)·2015·Liability decided at trial
A diabetic electrician's eye pressure rose to 40-56 mmHg in the days after retinal surgery and was managed with drugs rather than urgent further surgery. The judge held that continuing medical treatment was a logical clinical judgment supported by a responsible body of eye surgeons and dismissed the claim, including the late-raised consent argument.
Choosing medical management over urgent surgery is not negligent if a responsible body of specialists would have done the same. A Montgomery-style consent argument will fail if the patient would have followed the specialists' recommendation anyway.