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 …
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Consent To Medical Treatment: Changing priorities

Paul Sankey investigates a decision in the Court of Appeal after it had applied the Montgomery test ‘There have been a number of reported decisions from the lower courts since Montgomery but this is the first Court of Appeal decision to apply the new definition of a doctor’s duty in giving advice.’The recent decision in …
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