11 May 2021 - Written by Richard Seabrook
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 Then, as the need to embark on that treatment crystalizes and becomes urgent, consent is withdrawn.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
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
In Negus v Guy’s and St Thomas’ NHS Foundation Trust  EWHC 643 (QB), the High Court considered whether an NHS Trust was...
The topic of consent has been increasingly contentious since the Supreme Court’s decision in Montgomery v Lanarkshire Health Board  AC 1430, which shifted the focus from Bolam-style clinical paternalism to patient autonomy. ...
28 October 2020 - Written by Christopher Lowe
In Montgomery v Lanarkshire Health Board  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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