SQE Daily.

Professional standard and disclosure of material risks (Montgomery v Lanarkshire Health Board)

Ines, a professional dancer, consults Mr Haddad, an orthopaedic surgeon in an NHS hospital in England, about knee surgery. She tells him that her career depends on full mobility in her legs. He recommends surgery but does not mention a 1% risk of permanent nerve damage causing foot drop, or the option of a longer course of physiotherapy instead. Expert evidence shows that a responsible body of orthopaedic surgeons would not mention a risk as low as 1%. Ines does not ask about risks. The nerve damage occurs and ends her career.

Which of the following best describes whether Mr Haddad breached his duty of care in failing to tell Ines about the risk?

Choose one answer to see the reasoning.

  1. Tort · FLK1No. L252

    Objective standard of care for a defendant with mental illness (Dunnage v Randall)

    Which of the following best states whether Gareth is in breach of duty?

  2. Tort · FLK1No. 18

    Secondary victims after Paul v Royal Wolverhampton NHS Trust

    Which of the following best describes whether Mei can recover damages as a secondary victim?

  3. Tort · FLK1No. L250

    Police duty of care for positive acts during an arrest (Robinson v CC West Yorkshire)

    Which of the following best describes whether the officers owed Edna a duty of care?