The claim in R B v Smith was based on an alleged failure by a surgeon (who performed a laparoscopic hernia repair on the appellant) to provide the appellant with sufficient information to enable her to give informed consent for the surgery which resulted in colon perforation.
There was no negligence on the surgeon’s part
The English Court of Appeal in a June 2018 judgment confirmed the principles relating to informed consent in medical malpractice claims.
A woman had been suffering painful, heavy periods and lower back pain, for which she sought medical advice. After being given various treatment options, she chose to undergo a total abdominal hysterectomy and bilateral