Advocate’s advice: Clinical negligence update

Exchange Chambers | Personal Injury Law Journal | April 2019 #174
Bill Braithwaite QC provides his insight on recent significant case law ‘In Montgomery, the Supreme Court highlighted the importance of patient autonomy and the patient’s entitlement to make decisions whether to incur risks of injury inherent in treatment.’ Updating in clinical negligence is not always easy, because the principles usually stay the same, and only …

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

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | September 2018 #168
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 …

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