Webb v Barclays Bank Plc and Portsmouth Hospitals NHS Trust [2001] Lloyd's Rep Med 500 Court of Appeal

The claimant contracted polio as a child which affected her mobility. Whilst working for Barclays Bank ship tripped on a protruding stone in their forecourt and injured her polio affected leg. This caused her excessive problems and her consultant advised her that it would be best if she had her leg amputated from above the knee. She went through with the amputation which meant she was wheelchair bound but was still experiencing excessive pain. It turned out the advice of the consultant was wrong and he had not fully discussed the implications of such an operation or sufficiently explored alternative options.

Held.

The doctor's actions did not break the chain of causation but the Bank was entitled to a contribution from the Trust to reflect the proportion of pain, suffering and loss of amenity caused by them.

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