Abstract
The Supreme Court ruled on the Montgomery case in March 2015. Although the fundamentals of medical consent did not change, the Montgomery judgment clarified that it is the patient who determines how much information is required for valid consent, not the doctor. Although this ruling is perceived to have changed the landscape of medical consent, it has simply brought the law in line with the principles of consent that have been enshrined in the GMC guidance for many years. To avoid a medical negligence case when taking consent, doctors must adopt a patient-centered approach. This chapter outlines the impact of the Montgomery ruling on taking consent, and provides a practical guide to taking consent post-Montgomery.
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References
Montgomery v Lanarkshire Health Board [2015] UKSC 11.
Bolam v Friern Management Committe [1957] WLR 582.
Sidaway v Board of Governors of the Bethlem Royal Hospital [1985] AC 871.
RCS. Consent—Supported Decision Making—a good practice guide. 2016.
GMC. Consent: patients and doctors making decisions together. 2008.
GOV.UK. Mental Capacity Act 2005 Code of Practice. 2007.
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Bolton, H. (2018). Consent After Montgomery: Clinical Considerations. In: Jha, S., Ferriman, E. (eds) Medicolegal Issues in Obstetrics and Gynaecology. Springer, Cham. https://doi.org/10.1007/978-3-319-78683-4_3
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DOI: https://doi.org/10.1007/978-3-319-78683-4_3
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