header-logo header-logo

The last word on consent?

02 April 2015 / Charles Foster
Issue: 7647 / Categories: Features , Professional negligence
printer mail-detail
nlj_7647_charles-foster

Montgomery is the belated obituary, not the death knell, of medical paternalism, says Charles Foster

Montgomery v Lanarkshire Health Board [2015] UKSC 11, [2015] All ER (D) 113 (Mar) concerned a pregnant diabetic patient who was not warned by her consultant obstetrician about the risk that her baby, being large relative to the size of the mother’s pelvis, would have shoulder dystocia. The obstetrician thought that the mother would, if given the relevant statistics about the risk, opt for a Caesarean section. That, the obstetrician decided, would not be in the mother’s best interests: the mother would, in effect, make an objectively wrong decision about the risks of serious injury. By not providing the information, the obstetrician was protecting the patient against her own irrationality. The Supreme Court decided that, even though there were some obstetricians who would adopt that approach, the health board that employed the obstetrician was liable. The Bolam test had no place in the consideration of such cases. It adopted wholesale the decision of the High Court of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll