Royal Wolverhampton Hospitals NHS Trust v Evans [2015] EWCA Civ 1059 (23 October 2015) 

“The respondent underwent a left total hip replacement in January 2010.
After the operation, it was found that her left leg was numb and she could not move
her left foot. A post-operative X-ray showed the presence of a large piece or ‘blob’ of
the cement which had been used to secure the acetabular prosthesis in position. This
cement was removed at a second operation; it was found to have been in contact with
the left sciatic nerve. Despite prompt removal of the cement, the sciatic nerve had
been permanently damaged. The respondent sued, alleging that the surgeon had been
negligent in allowing the blob of cement to be retained and had suffered damage as a
result. Eventually, causation was conceded and the only live issue for the judge at trial
was breach of duty. The judge held that the surgeon had been negligent in failing to
see and remove the cement. The NHS Trust appeals against that decision…” (paragraph 2)

The appeal was dismissed.