Shaw v Kovac [2015] EWHC 3335 (QB); [2017] EWCA Civ 1028 – Law Journals

Case report: Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307

Limits of the duty of informed consent; breach of duty; causation ‘The confirmation of the need to satisfy the but for test is consistent with a long line of recent authority.’ In Montgomery v Lanarkshire Health Board [2015] it was held that the doctor must take reasonable care to ensure that a patient is aware …

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Case review: Clinical negligence update

Dr Simon Fox QC provides a summary of all the important cases from 2017 ‘In ABC, the court considered the public interest, duty of confidentiality to the father, undermining of the doctor-patient relationship, pressure on patients to agree to disclosure, psychiatric harm to non-patients, burden on medical staff and incremental manner of development of the …

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Case Report: Shaw v Kovac & anor [2017] EWCA Civ 1028

Measure of damages for wrongful invasion of personal autonomy; compensation; cause of action; recusal; alleged bias ‘The claimant argued that there is emphasis on the right of the patient not to be subject to treatment “interfering with [their] bodily integrity” without their informed consent and emphasis on the proposition that due protection should be given …

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Consent: Doctor’s orders?

Paul Sankey looks at the recent case law concerning patients receiving care ‘The Supreme Court has rejected a clinician-centred and paternalistic approach to consent replacing paternalism with patient autonomy.’There have been a number of cases dealing with the law of consent to medical treatment over the last two years, the most notable of which is …

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Patient Autonomy: Doctors’ duties in obtaining consent

Paul Sankey highlights the ongoing implications of Montgomery v Lanarkshire Health Board ‘Patient autonomy has largely displaced paternalism. This is a significant shift in the law to reflect changes in contemporary culture.’ A very significant change in the law took place in March 2015 which has serious implications for doctors discussing options for treatment with …

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Treatment: Life after Montgomery

Sophie Beesley highlights the development of the ‘reasonable patient’ in recent cases concerning patient consent ‘Patients should not be bombarded with information, but helped to understand what matters or is likely to matter to them as individuals, beyond the pure percentages of risk. Dialogue is key.’ Consent to medical treatment is only valid if it …

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