This case – like so many clinical negligence cases – was cases decided on it own facts. The issues were wide ranging and there were fundamental disputes of fact. The judgment provides a helpful checklist to aid the resolution of factual disputes (at paragraph 53). The central issue concerned the management of diverticular disease – a conservative expectant approach or surgery. This case provides an instructive account – it is more about the medicine than the law.

Author: Doctor Anthony Barton

Dr Anthony Barton qualified as a doctor in 1981 and switched to law in 1992. Anthony also co-edits the leading text “Clinical Negligence” with the sixth edition having recently been published. He is also a former assistant coroner and joint owner of Medical Negligence Team Law.