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Montgomery ruling

Last reviewed dd mmm yyyy. Last edited dd mmm yyyy

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The Montgomery case in 2015 was a landmark for informed consent in the UK

  • Nadine Montgomery, a diabetic woman and of small stature, delivered her son vaginally; her son experienced complications owing to shoulder dystocia, resulting in hypoxic insult with consequent cerebral palsy
    • her obstetrician had not disclosed the increased risk of this complication in vaginal delivery, despite Montgomery asking if the baby's size was a potential problem
    • Montgomery sued for negligence, arguing that, if she had known of the increased risk, she would have requested a caesarean section
    • the Supreme Court of the UK announced judgment in her favour in March 2015
      • it established that, rather than being a matter for clinical judgment to be assessed by professional medical opinion, a patient should be told whatever they want to know, not what the doctor thinks they should be told

    • this ruling means that patients can expect a more active and informed role in treatment decisions, with a corresponding shift in emphasis on various values, including autonomy, in medical ethics

Reference:

  • Montgomery v Lanarkshire Health Board [2015] SC 11 [2015] 1 AC 1430.

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