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King's / Queen's Bench Division of the High Court
KB-2023-001134 - [2025] EWHC 2121 (KB)
Fecha: 08-Ago-2025
Heading
Neutral Citation Number: [2025] EWHC 2121 (KB)
Case No: KB-2023-001134
IN THE HIGH COURT OF JUSTICE
KING'S BENCH DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 8 August 2025
Before:
GERAINT WEBB KC
Sitting as a Deputy High Court Judge
Between:
HQA | Claimant |
- and – | |
Newcastle-upon-Tyne Hospitals NHS Foundation Trust | Defendant |
Howard Elgot and Megan Crowther (instructed by Hay & Kilner LLP) for the Claimant
Erica Power (instructed by DWF Law LLP) for the Defendant
Hearing dates: 17th, 18th, 19th, 20th and 25th June 2025
Approved Judgment
This judgment was handed down remotely at 2pm on 8th August 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
.............................
GERAINT WEBB KC
- Heading
- Geraint Webb KC Introduction
- The Preliminary Issues
- Procedural history
- Background facts
- Relevant law
- Third party reports relied on by the Claimant
- Guidance of the RCS and the GMC
- Overview of the factual and expert evidence
- Preliminary Issue 1(a) surgical planning/preparation and risk mitigation
- Preliminary Issue 1(b): intraoperative skill and care
- Preliminary Issue 2: how much time would have been ‘saved’ but for the established breach(es) of duty?
- Preliminary Issue 3: was there a breach of duty in respect of informed consent and, if so, would the Claimant have opted to postpone her surgery in favour of awaiting a second opinion?
- Conclusions