Spinal orthopaedic specialist found negligent in failure to diagnose child with scoliosis
Simon Dyer Cloisters clinical negligence and personal injury barrister acted for the successful claimant in Tresidder v Royal Cornwall Hospitals NHS Trust (Queens Bench Division)11 March 2015 where an eminent spinal orthopaedic surgeon was found to have negligently decided that an eight-year-old boy did not have scoliosis, despite the independent opinions of two GPs and the raised concerns of the boy's mother.
On the balance of probabilities it was found that the boy did have scoliosis that was just within the visible range at the time.
The court was required to determine whether there had been a breach of duty by the defendant NHS trust in its treatment of the claimant (T) and whether the spinal orthopaedic surgeon, employed by the trust, had negligently decided that he did not have scoliosis when he was examined by him at the ages of eight and then nine years old.
Simon Dyer was instructed by Kingsley Napley