Tasmin v Barts Health NHS Trust [2015] EWHC 3135 (QB) – Law Journals

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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Childbirth Injury: Liability issues

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Rushmi Sethi examines clinical negligence claims concerning childbirth injury ‘The doctor’s obligation, other than in cases where it would damage the patient’s welfare, was to present the material risks and uncertainties of different treatments, and to allow patients to make decisions that would affect their health and well-being on proper information.’ Relatively few childbirth injury …

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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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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 …

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Consent: Doctor’s orders?

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

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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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 …

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