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Consent After Montgomery: Legal Considerations

  • Elizabeth ThomasEmail author
  • Bertie Leigh
Chapter
  • 390 Downloads

Abstract

Consent forms were created in the paternalistic days of medicine as a defence to unlawful touching. However, the forms are now used as evidence of an autonomous patient’s informed choice to a specific treatment. However, it is self-evident that the patient ‘consents’ to the treatment by them lying on the bed. What is not self-evident is that they have taken an autonomous, considered and informed decision to be there or have been advised of disadvantages and the alternatives—which is what the courts want to know. A signature on a form, especially if signed shortly before an intervention, is no evidence of a patient’s informed decision to have the treatment. Optimal medical practice requires a decision record of Montgomery-compliant discussions and learning in order for doctors to successfully argue that their patients understood the risks and benefits and made an informed choice to undergo treatment.

Keywords

Decision record Consent form Montgomery Informed consent Consent Pre-operative counselling 

References

  1. 1.
    Montgomery v Lanarkshire Health Board [2015] UKSC 11.Google Scholar
  2. 2.
    GMC, Consent: patients and doctors making decisions together. 2008.Google Scholar

Copyright information

© Springer International Publishing AG, part of Springer Nature 2018

Authors and Affiliations

  1. 1.HempsonsLondonUK

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