Montgomery trumps Bolam
The Montgomery judgement has kicked Bolam and Sidaway into the long grass – we are now all barefoot healthcare operatives, the face of clinical practice has changed utterly, and the clinical negligence lawyers can now order their new Bentley Continentals.
Welcome to the caring, sharing world of informed consent where you have to make the right judgement about the quantity and quality of the information that you provide to the patient so that any ‘therapeutic privilege’ that might have helped in the past to guide you has gone the same way as total colectomy for rheumatoid arthritis. Finally, remember that the Claimant’s case was lost both at the first trial and at the Appeal to the High Court in Scotland – it took the unanimous decision of the UK Supreme Court finally to deliver Justice not Law, to quote The Godfather. Medical Negligence in Scotland may be a sleeping giant that deserves soon to be awakened.
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