11 May 2021 - Written by Richard Seabrook
Considerations of Consent, Capacity and Best Interests
Imagine the following scenario. A patient, known to have mental health issues, has been consenting to a proposed or potential course of medical treatment. Then, as the need to embark on that treatment crystalizes and becomes urgent, consent is withdrawn. The treatment...
20 April 2021 - Written by Cassandra Williams
Clinical Negligence Cases: When the Bolam Test Does Not Apply
The law requires medical practitioners to use diligence, care, knowledge, skill and caution in administering treatment to a patient. The question of whether a medical practitioner has met the requisite standard of care is often considered by reference to the test laid...
12 April 2021 - Written by Edward James
High Court Considers Whether Cardiac Surgery Leading to Re-Do Surgery Was Negligent
In Negus v Guy’s and St Thomas’ NHS Foundation Trust [2021] EWHC 643 (QB), the High Court considered whether an NHS Trust was...
17 March 2021 - Written by Christopher Lowe & Alexandra Pountney
Informed Consent: Updated GMC Guidance
The topic of consent has been increasingly contentious since the Supreme Court’s decision in Montgomery v Lanarkshire Health Board [2015] AC 1430, which shifted the focus from Bolam-style clinical paternalism to patient autonomy. ...
28 October 2020 - Written by Christopher Lowe
Informed Consent: Where Are We Now?
In Montgomery v Lanarkshire Health Board [2015] 1 AC 1430, the Supreme Court held that "[t]he doctor is ... under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and...
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