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20 March 2015
Issue: 7645 / Categories: Case law , Law digest
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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.

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Bell Yard Kysen—Liz Giles

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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