Doyle v Habib [2021] EWHC 1733 (QB) (25 June 2021)

On 6 February 2013 C attended a consultation with D. Imaging had identified the presence of three lesions on her liver. On 26 February 2013 D carried out a liver resection of the largest lesion and cholecystectomy [1]

C claims that D was negligent. In summary, her case is that he wrongly diagnosed her condition and advised her to undergo surgery that was neither needed nor required. Her case is that the surgery has also caused her various adverse health consequences over the years since. [2]

D denies negligence. He stands by his advice. He accepts that the surgery left C with a scar and that the wound subsequently became infected. D does not accept that the operation caused any other adverse effects. [3]

the lesion was not an adenoma but focal nodular hyperplasia [84]

D was not negligent in failing pre-operatively to diagnose [FNH] as such, nor was he in breach of duty in advising surgery. Nor, given in particular its location, and C’s age, would it have been negligent to advise surgery, had C believed it to be most likely an FNH. [142]

claim is therefore dismissed [150]