Letters New UK law on consent

Clarifying the Montgomery judgment

BMJ 2015; 350 doi: https://doi.org/10.1136/bmj.h2217 (Published 28 April 2015) Cite this as: BMJ 2015;350:h2217
  1. Caroline Fryar, MDU head of advisory services1
  1. 1MDU Services, One Canada Square, London E14 5GS, UK
  1. media{at}themdu.com

Many doctors have questioned the implications of the recent Supreme Court judgment of Montgomery v Lanarkshire Health Board on the way they obtain a patient’s consent.1 2

When discussing benefits and risks of treatment, the new ruling requires doctors to consider whether “a reasonable person in the patient’s position would be likely to attach significance to the risk, or the doctor …

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