Case report: Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307

Limits of the duty of informed consent; breach of duty; causation ‘The confirmation of the need to satisfy the but for test is consistent with a long line of recent authority.’ In Montgomery v Lanarkshire Health Board [2015] it was held that the doctor must take reasonable care to ensure that a patient is aware …
This post is only available to members.

Patient Autonomy: Montgomery in action

Julian Matthews looks at recent case law on the issue of consent to medical treatment including the recent Court of Appeal decision of Webster ‘The judge had expressly found that there was an expectation that the consultant should have informed himself about the unusual combination of features and the potential risks arising from them.’Legal and …
This post is only available to members.

Treatment: Life after Montgomery

Sophie Beesley highlights the development of the ‘reasonable patient’ in recent cases concerning patient consent ‘Patients should not be bombarded with information, but helped to understand what matters or is likely to matter to them as individuals, beyond the pure percentages of risk. Dialogue is key.’ Consent to medical treatment is only valid if it …
This post is only available to members.