From my perspective as a medical person, the key parts of the Supreme Court judgement are the following remarks: “The correct position, in relation to…
View More Montgomery -v- Lanarkshire Health Board 2015. Part 2.Tag: Montgomery
What is a material risk?
“An adult person of sound mind is entitled to decide which, if any, of the available forms of treatment to undergo, and her consent must…
View More What is a material risk?Montgomery -v- Lanarkshire Health Board 2015, Part 1
It is hard to think of a single legal decision in the last 60 years that has so much impact on medical practice. It was…
View More Montgomery -v- Lanarkshire Health Board 2015, Part 1What constitutes a Breach of Duty?
In a medical negligence claim, a Claimant must establish firstly that the Defendant breached his duty of care, and secondly that the breach caused or…
View More What constitutes a Breach of Duty?