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02 April 2015 / Charles Foster
Issue: 7647 / Categories: Features , Professional negligence
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The last word on consent?

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Montgomery is the belated obituary, not the death knell, of medical paternalism, says Charles Foster

Montgomery v Lanarkshire Health Board [2015] UKSC 11, [2015] All ER (D) 113 (Mar) concerned a pregnant diabetic patient who was not warned by her consultant obstetrician about the risk that her baby, being large relative to the size of the mother’s pelvis, would have shoulder dystocia. The obstetrician thought that the mother would, if given the relevant statistics about the risk, opt for a Caesarean section. That, the obstetrician decided, would not be in the mother’s best interests: the mother would, in effect, make an objectively wrong decision about the risks of serious injury. By not providing the information, the obstetrician was protecting the patient against her own irrationality. The Supreme Court decided that, even though there were some obstetricians who would adopt that approach, the health board that employed the obstetrician was liable. The Bolam test had no place in the consideration of such cases. It adopted wholesale the decision of the High Court of

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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