David Locke reviews the matter of informed consent, post Montgomery
- The desire to provide the best care manifests in a wide and sometimes discordant view as to what constitutes informed consent–this article will review some of those arguments and discussions.
A fundamental aspect of the role of a defendant lawyer in the health sector is the dissemination of information concerning new medico-legal standards to health professionals. In that context, I am nearing the end of a long series of lectures to NHS and private health practitioners, addressing the issue of informed consent in the context of last year’s decision in Montgomery .
These lectures have provided an invaluable opportunity to engage with medical professionals. Unquestionably these all have the very best interests of their patients at heart. However, what has become apparent is that the desire to provide the best care manifests in a wide and sometimes discordant view as to what constitutes informed consent, ethically and legally, particularly with regard to the discussion of risks. This article will review some of those arguments and discussions.
Legal context
While
