On 21 November 2018 the court handed down judgment in the matter of Carol Evans v Portsmouth Hospitals NHS Trust. James Weston acted for the successful Claimant, who was left with impaired eyesight following squint surgery in 2012.
HHJ Berkley, sitting at Winchester County Court, found that the treating ophthalmic surgeon had failed to obtain the Claimant’s informed consent for the proposed operation and had also negligently advised an operation on the Claimant’s right eye when an alternate operation to correct the squint in the left eye was available. The court concluded that had the Claimant been properly advised she would have undergone the alternate procedure and her present visual difficulties would have been avoided. In the alternative the court found that the Claimant could recover in any event for the failure to obtain her informed consent under the principles of Chester v Afshar  UKHL 41.
Damages are to be assessed.
James Weston was instructed by Kiteley’s solicitors.