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Published on: 03 April 2025

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Clinical negligence

Shooting from the hip—Legal crossfire over severe brain damage during private hip operation

Within Bartolomucci (a protected party, acting by his litigation friend James M Bartolomucci) v Circle Health Group Ltd [2025] EWHC 529 (KB), the claimant suffered severe brain damage during a hip operation undertaken by independent consultants at a private hospital. He brought a contractual claim against the private hospital, relying on the consultants’ alleged negligence. The court determined that, on a proper construction of the relevant contractual terms, the agreement between the claimant and the private hospital did not cover the hospital providing the consultants’ services; those services were supplied by the consultants to the patient, and provided personally to the patient, not through the hospital. Consequently, the private hospital was not contractually responsible for any deficiency in the standard of care delivered by the consultants. This represents a rare and noteworthy judgment on where liability may rest when something goes...

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