Consent in Clinical Negligence Claims - Practical Steps & Caselaw

Introduction

Since the Supreme Court’s decision in Montgomery v Lanarkshire Healthboard, the issue of consent has been at the centre of many clinical negligence cases.

This webinar will consider which cases can properly be categorised as cases involving consent issues and whether, if there was a failure to obtain consent properly, the claimant may nonetheless have opted for the treatment which caused the alleged harm.

What level of information (oral and written) should the doctor provide? And what must the patient do to persuade the court that but for the failed consent s/he would have had a better outcome?

What You Will Learn

This webinar will cover the following:

• The law relating to consent as outlined by the Supreme Court in Montgomery
• An overview of caselaw since that time and relevant developments
• The important distinction between breach of duty and causation which arises
• The particular problem of showing what the claimant would have done but for the alleged breaches of duty
• The relationship between consent claims and other possible causes of action in a clinical negligence context
• How to spot which cases may involve consent issues and the practical steps required (including the use of appropriate experts) to test the point

This webinar was recorded on 11th April 2024

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