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A second consent form dated 5 August 1982 affixed with the plaintiff’s thumbprint was also tendered as evidence.

The defendants adduced as evidence a consent form dated 13 July 1982 signed by the plaintiff.

Since such an assurance was given, she consented to the operation.

She further stated that had she known that the first operation was a major surgery with high risks, she would not have consented.

Held, allowing the plaintiff’s claim: (1) The first consent form in respect of the first operation was the standard admission form that every patient admitted into the hospital had to fill-up and sign.

The first consent was given on 13 July 1982 whereas the first operation was only carried out on 19 July 1982.

He informed her that a piece of wire which was placed to correct the dislocation of her C4 and C5 vertebrae during the first operation had pressurized her spinal cord thus causing the total paralysis.

This was discovered after he conducted the myelogram test.The second defendant then ordered traction treatment to be carried out on the plaintiff and this treatment was carried out for two days during which period the plaintiff was conscious and able to move her body and limbs.The second defendant discontinued the traction treatment after two days on the basis that it was unsuccessful and after a failed attempt at closed manipulation under anaesthetic, he recommended surgery.As a result of that, the second operation was necessary to remove the wire pressuring the spinal cord.The second defendant however stated in evidence that the wire was not in the spinal cord and this was shown by an X-ray he had taken.At the time of her admission, the plaintiff was able to move all her limbs.

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