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165: A duty to offer alternatives? With John Whitting QC

Law Pod UK

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The Duty to Offer Alternative Treatment

The court of appeal addressed this issue in relation to a case that i will pronounce as deuce and worcestershire acute hospitals, an h s trust. In deuce, the claimant underwent an operation which aimed to relieve her of persistent period pain. The surgery was performed competently, but the claimant nevertheless suffered chronic post surgical pain. And she alleged that the defendant had failed to warn her of the risk of short lived, chronic neuropathic pain. Sir john: Deuce tells us that the clinition is not obliged to know literally everything, but only those risks or alternative treatment which it would have been reasonable for a doctor in his position to have known.

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