header-logo header-logo

Medical practitioner

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

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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
back-to-top-scroll