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Touching a Nerve: Clinical Negligence, Malcolm Atkinson v South Tees Hospitals NHS Foundation Trust [2014] EWHC 1590 (QBD) - Ruwena Khan, Zenith Chambers

16/06/14. A surgeon had divided a patient’s ulnar digital nerve during an operation and he had been negligent in failing to recognise that fact and to consider repairing it. It was not established that the patient’s palmar cutaneous nerve had been divided in a later operation. Judgment in part for the Claimant (Stewart J).

The Facts

The Claimant sought damages following alleged negligent operations performed on him by the defendant NHS trust.

The Claimant suffered from Dupuytren’s contracture. Dupurtren’s contracture is a hand deformity that develops slowly, usually over years. Knots of tissue form under the skin — eventually forming a thick cord that can pull one or more of the fingers into a bent position. The Claimant’s contracture involved the little and ring fingers of his left hand and he had undergone three operations at the Defendant’s hospital. He claimed that the hospital had...

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