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

Law Pod UK

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What Is the Ultimate Takeaway From This Case?

The court found that the defendant surgeon had breached his of care by not offering a microscopically assisted reseption procedure as an alternative. The trust did not contend that any of the matters identified by the experts were not material, and my judgment, they clearly are,. all matters that a reasonable patient in mister mills's position would have considered significant in determining what treatment to op for. And after all, i don't offer my clients a range of different ways in which i could conduct a trial or perform cross examination or write a skeleton argument once they have instructed me to fight a trial. I take the view that they are entitled to rely on my skill and judgment and experience as to how best

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