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Posted 28 September 2018
by Stuart Bramley

Parents of Leeds Boy Who Died After Kidney Stone Operation Slam NHS | Daily Mail Online

Person in a hospital bed

Tozers’ medical law partner Stuart Bramley writes –

“As well as the question of how these surgical mistakes led to a child’s death, the NHS Trust involved should think hard about the question of informed consent. Numerous legal cases including a leading opinion delivered a few years by the Supreme Court have always made it clear that any significant or serious risks should be explained carefully to patients or their parents beforehand so they can make a properly-informed decision. The Daily Mail article suggests that this did not happen here, which is very troubling.

In the legal claims I handle relating to consent it is sometimes argued that the patient signed a consent form and so has no redress if anything does go wrong. That is entirely mistaken – nobody ever consents to negligent treatment. Where errors have occurred, trying to hide behind a form will never succeed.

I do hope that any further consideration of Luke’s tragic death by the hospital managers will also focus on what risks his parents should have been alerted to before surgery. Otherwise this appalling story risks being repeated”.

If you require any advice regarding a matter similar to this, then please do not hesitate to get in touch with our experienced team of medical negligence solicitors in Exeter.


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About the author

Stuart Bramley

Partner and Solicitor

Partner and solicitor with over 25 years' experience of medical claims and inquests