header-logo header-logo

20 March 2015
Issue: 7645 / Categories: Case law , Law digest
printer mail-detail

Medical practitioner

Montgomery v Lanarkshire Health Board [2015] UKSC 11, [2015] All ER (D) 113 (Mar)

The claimant, who had diabetes, brought proceedings for negligence against the defendant health authority. She contended that, had she been told of the options available at the birth of her baby, she would have chosen a caesarian section, rather than to go ahead with a vaginal birth, which had resulted in injury to him. In allowing the claimant’s appeal, the Supreme Court held that, among other things, the approach of the court in such cases, previously governed by the case of Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital [1985] 1 All ER 643, was to be reconsidered. There could be no doubt that it had been incumbent on the claimant’s obstetrician to advise her of the risks if she were to have her baby by vaginal delivery, and to discuss with her the alternative of delivery by caesarian section. In the circumstances, the claimant would probably have elected to be delivered of the baby by caesarian section.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Stone King—Laura McHugh

Stone King—Laura McHugh

Stone King strengthens Manchester presence with new partner hire

mfg Solicitors—four appointments

mfg Solicitors—four appointments

Sustained growth leads to rapid expansion of law firm’s corporate team

Bermans—James Thornton

Bermans—James Thornton

Bermans bolsters litigation team with senior hire

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll