header-logo header-logo

Widening the scope

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

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 with a responsible body of expert medical opinion. However, this

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: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

back-to-top-scroll