On 22 April 2008 C underwent bilateral hip replacements using Mitch PER devices (bone conserving, metal on metal). The prostheses failed after two years. The claim concerned pre-operative advice, information, and consent. The surgery was performed properly; no complaint was made about the surgery itself. Montgomery was considered and applied.
This case was necessarily fact specific.
“…the case that she was not properly made aware of the nature of the surgery, or any data about it, so that she did not give truly informed consent has not been made out. Accordingly the claim fails.” (paragraph 13)
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