Kieran Coonan QC leading Rowan Jenkins acted on behalf of a colorectal surgeon charged with gross negligence manslaughter and perjury during a five week trial at the Central Criminal Court before Nicol J.
Prosecuted by Leading Treasury Counsel, the case concerned a patient in a private hospital who developed a bowel perforation and consequent sepsis whilst recovering from an elective orthopaedic procedure. The central issue concerned the diagnosis and speed of subsequent treatment and eventual surgery. Complex issues arose, including disputed surgical and clinical opinion- especially as to the differing procedures and regimes operated between private and NHS hospitals; the admissibility in criminal proceedings of evidence given to internal investigations, and the proper test to be adopted by the jury in a criminal trial following the principles established by Bolam v Friern Hospital (1957).
