An interesting case in which judgment was relatively recently
handed down is that of Thomas Bradfield-Kay v Marcus Cope
[https://www.bailii.org/ew/cases/EWHC/QB/2020/1351.html]
EWHC 1351 (QB) concerning the application of Bolitho to an
orthopaedic clinical negligence case.
The case concerned whether the defendant, a consultant
orthopaedic surgeon, was negligent in his performance of a left
total hip replacement (THR) in the claimant on 18 December 2009 and
with respect to a subsequent consultation on 9 August 2010.
The claimant did not recover well from the THR, developing
severe pain in his thigh and groin immediately after the operation.
He allegedly reported these symptoms to the defendant during an
appointment on 9 August 2010 but the latter did not carry out any
investigations, although whether the symptoms were reported was in
dispute. On 7 February 2011, the defendant saw the claimant and
identified that painful clicking was likely due to the psoas
