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.
Retained Foreign Bodies • Clinical Negligence • March 2026
Lost suture needles and dropped surgical clips are both classified as NHS “never events”, but they raise very different clinical concerns and medicolegal questions. This article examines the distinction between unrecognised retention and conscious non‐retrieval, and sets out the five pillars of medicolegal defensibility.
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Patient Safety • Clinical Negligence • March 2026
Martha’s Rule gives hospital inpatients a formal right to a second opinion when they believe deterioration is not being addressed. With over 10,000 calls and 446 potentially life‐saving interventions in its first sixteen months, the scheme is already reshaping how courts may assess the management of deteriorating patients.
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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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