Consent in clinical negligence cases: Montgomery, causation and institutional failures
23rd May 2019
Justin Valentine reviews the issues of consent in clinical negligence cases in, and subsequent to, the case of Montgomery. He examines the extension of the Montgomery principle, to advice-giving in general in clinical settings and the renewed focus on causation as it relates to consent in the case of Duce v Worcestershire which suggests that the authority of Chester v Afshar can no longer confidently be relied upon. He provides practical pointers when dealing with consent, the provision of information/advice and, more broadly, institutional failures subsequent to the case of Darnley.
To read Justin’s review in full, click here.