Montgomery v Lanarkshire HB is a deeply troubling decision when read closely. Paradoxically, its ruling supporting the principle of autonomy could be justified only by disregarding the individual patient's actual choices and characteristics in favour of a stereotype. The decision demonstrates a lack of expertise in dealing with specific clinical issues and misrepresents professional guidance. More fundamentally, it fails to appreciate the nature of professional expertise. This calls into question the competence of the courts to adjudicate on matters of clinical judgement and makes an attractive formulation of the test for disclosure obligations inherently unpredictable.
Statistics from Altmetric.com
If you wish to reuse any or all of this article please use the link below which will take you to the Copyright Clearance Center’s RightsLink service. You will be able to get a quick price and instant permission to reuse the content in many different ways.
- Current controversy
- The concise argument
Read the full text or download the PDF:
Other content recommended for you
- Induction of labour for predicted macrosomia: study protocol for the ‘Big Baby’ randomised controlled trial
- Montgomery, informed consent and causation of harm: lessons from Australia or a uniquely English approach to patient autonomy?
- Montgomery and informed consent: where are we now?
- Episiotomy practice in six Palestinian hospitals: a population-based cohort study among singleton vaginal births
- Variation in rates of caesarean section among English NHS trusts after accounting for maternal and clinical risk: cross sectional study
- Maternal request for caesarean section: an ethical consideration
- Neonatal outcomes of live-born term singletons in vertex presentation born to mothers with diabetes during pregnancy by mode of birth: a New South Wales population-based retrospective cohort study
- Not so new directions in the law of consent? Examining Montgomery v Lanarkshire Health Board
- Caesarean section and its relationship to offspring general cognitive ability: a registry-based cohort study of half a million young male adults
- Risk factors and between-hospital variation of caesarean section in Denmark: a cohort study