Personal Injury Compensation

Consent to treatment

McCulloch and Others v Forth Valley Health Board [2023] UKSC 26

The Supreme Court has clarified the scope of its ruling in Montgomery v Lanarkshire Health Board [2015] UKSC 11; [2015] Med LR 149 by explaining what legal test should be applied when a doctor is assessing whether an alternative treatment is reasonable, and whether that alternative should be discussed with the patient during the consent process. The judgment also covers the issue as to whether the courts erred in their approach to causation in this particular case in the previous appeals.

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