The defendant’s expert witness – Professor Robin Phillips (“Professor Phillips”)
The defendant’s expert witness – Professor Robin Phillips (“Professor Phillips”)
Professor Phillips retired in November 2017 having been a Consultant General Surgeon since 1987. Of relevance, he was appointed the Clinical Director for St Mark’s Hospital for Intestinal Diseases in 2004 (the National Bowel Hospital), taking on additional responsibilities for Gastroenterology, Upper Gastrointestinal Surgery and Emergency Surgery for North West London Hospitals NHS Trust in 2010. In June 2000 he was made Honorary Professor of Colorectal Surgery by Imperial College London, a post which was made substantive from 2007. After his retirement in 2017 he continued with his Honorary contract. He is the author of 9 recent textbooks in colorectal surgery and has contributed to 300 original articles and 59 book chapters. The Joint Statement lists Professor Phillips’ contribution to the literature on haemorrhoids and their treatment including haemorrhoidectomy. Twelve publications are listed which include publications on haemorrhoids, including diagnosis and treatment, haemorrhoidectomy and evidence-based practice.
Professor Phillips said that up to retirement he was a full-time colorectal surgeon at the National Bowel Hospital where he undertook a combination of complex and anorectal work. He also ran several clinical trials relating to haemorrhoids in which he did all the surgery. As the National Bowel Hospital is the specialist centre for bowel issues, the patient cohort differs from a district hospital. In the studies he has done, all surgeons in North West London referred their haemorrhoidectomy patients to him.
I consider therefore that he has extensive experience of diagnosing, grading and treating haemorrhoids and of undertaking haemorrhoidectomies. I found him to be a forthright, straightforward witness who gave direct answers to questions and made concessions where appropriate (as set out in the body of this judgment below). In my judgment his evidence is reliable, objective and unbiased and I therefore consider it appropriate to place considerable reliance on it. I prefer his evidence in all respects to the evidence of Mr Thompson save where he and Mr Thompson agree.
- Heading
- Ms Sarah Clarke KC Sitting as a Deputy Judge of the High Court
- Haemorrhoid grading system
- The issues to be decided in this trial
- Causation
- Burden and standard of proof
- Counsel
- The applicable law In Hunter v Hanley [1955] SC 200, at [204] (“ Hunter ”), Lord President Clyde held that: “…[a surgeon] is not negligent merely because his conclusion differs from that of other professional men, nor b
- In Bolam v Friern Hospital Management Committee [1957] 1 WLR 583, at [587] (“ Bolam ”), Mr Justice McNair summarised the test as follows: “…[a surgeon] is not guilty of negligence if he has acted in a
- The House of Lords subsequently qualified the Bolam test in Bolitho v Hackney HA [1998] AC 232 (“ Bolitho ”), at [241H]-[242A] (Lord Browne-Wilkinson) by explaining that, “The use of these adjectives
- Consenting a patient to a procedure In Montgomery v Lanarkshire Health Board [2015] UKSC 11 , at [86] to [87] (“ Montgomery ”) the Supreme Court held in relation to the issue of appropriate consenting of a patient to a procedure
- Where the advice given by the doctor for the purposes of consent is informed by clinical judgment, the approach described in Hunter and Bolam remains applicable to that exercise of clinical judgment (
- Causation In Chester v Afshar [2004] UKHL 41 (“Chester”), the majority of the House of Lords held that causation will be established not only in respect of a patient who would have declined the surgery if prope
- Section 16
- The approach to witness evidence generally
- The witnesses
- The claimant
- The defendant
- Expert evidence
- The claimant’s expert witness – Mr Michael Thompson (“Mr Thompson”)
- The defendant’s expert witness – Professor Robin Phillips (“Professor Phillips”)
- Relevant facts, evidence and findings
- The defendant
- The claimant’s history
- The claimant’s appointment with the Private GP
- The GP’s referral letter
- The first consultation with the defendant
- Flexible sigmoidoscopy procedure
- The second consultation with the defendant
- The process of grading the haemorrhoids
- Advice on treatment options and risks of surgery
- The operation
- The operation note and findings
- Letter of complaint
- Causation
- Submissions
- The defendant
- Discussion
- Issues 2 - If the claimant has not proved on the balance of probabilities that the defendant’s grading of her haemorrhoids as grade 2 / 3 was incorrect, then has the claimant established on the balanc
- Issues 3 - 4 – Causation
- Conclusions
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