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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Consent: Doctor’s orders?

Foot Anstey LLP | Personal Injury Law Journal | February 2017 #152
Paul Sankey looks at the recent case law concerning patients receiving care ‘The Supreme Court has rejected a clinician-centred and paternalistic approach to consent replacing paternalism with patient autonomy.’There have been a number of cases dealing with the law of consent to medical treatment over the last two years, the most notable of which is …

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Patient Autonomy: Doctors’ duties in obtaining consent

Foot Anstey LLP | Personal Injury Law Journal | December 2016/January 2017 #151
Paul Sankey highlights the ongoing implications of Montgomery v Lanarkshire Health Board ‘Patient autonomy has largely displaced paternalism. This is a significant shift in the law to reflect changes in contemporary culture.’ A very significant change in the law took place in March 2015 which has serious implications for doctors discussing options for treatment with …

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