header-logo header-logo

14 April 2017 / Philippa Luscombe
Issue: 7742 / Categories: Features , Professional negligence , Personal injury
printer mail-detail

Widening the scope

As the Court of Appeal widens the application of the Montgomery consent test, Philippa Luscombe explores the implications for claimants

  • In Webster the Court of Appeal widened the application for informed consent.
  • The ruling could have a significant impact from a resource perspective.

The Court of Appeal has widened the application of the test for informed consent, ruling that in all cases patients must be consulted and advised about their proposed treatment, options, risks and benefits—even if the care is a “do nothing” approach.

In Webster (a child and protected party, by his mother and Litigation Friend, Butler) v Burton Hospitals NHS Foundation Trust [2017] EWCA Civ 62 the court allowed an appeal of the claimant against the previous finding in favour of the defendant hospital on causation of the claimant’s birth injuries.

The court found that the judge had based his judgment as to whether there had been negligence on the approach set out in Bolam v Frien Hospital [1957] 2 All ER 118 by looking at whether the consultant had acted in accordance

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

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll