Medicolegal Insights
Expert commentary on breach of duty, causation and standard of care in surgical practice
Disclaimer: These articles provide general educational commentary on medicolegal topics in surgery. They do not constitute legal advice, and the views expressed are generic opinions based on published literature. Each case must be assessed on its own facts and individual clinical circumstances.
Patient Safety • March 2026
Martha's Rule gives hospital inpatients a formal right to a second opinion when their condition is deteriorating. This article examines how the new NHS escalation pathway is likely to reshape clinical negligence claims where concerns were raised but not acted upon.
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Never Events • March 2026
Lost needles and dropped surgical clips are both classified as NHS never events, but they raise different clinical concerns and different medicolegal questions. This article draws out the distinctions that matter when assessing breach of duty and causation.
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Breach of Duty • March 2026
When severe inflammation obscures the biliary anatomy during cholecystectomy, the surgeon faces a critical decision. This article examines whether performing a subtotal cholecystectomy — rather than persisting with a total cholecystectomy — constitutes a departure from accepted surgical practice.
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