Montgomery decision under the spotlight

On 13 March 2018 Ampersand Advocates Lauren Sutherland Q.C. and David Stephenson Q.C. took part in a Royal College of Physicians and Surgeons of Glasgow event to discuss the continuing impact and challenges of the Supreme Court decision in Montgomery v Lanarkshire Health Board. Lauren was a member of Mrs Montgomery’s legal team and opened the evening with a talk on the case, and subsequent developments. This was followed by a panel discussion in response to questions from the audience involving Lauren, David and two doctors. Both parts of the evening were filmed and can be viewed on the RCPSG Facebook page here and here.

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New book published by Lauren Sutherland QC: ‘A Guide to Consent in Clinical Negligence Post-Montgomery’

Ampersand’s Lauren Sutherland QC’s new book on Consent published.

For many years, the law in the UK on consent was out of step with other Commonwealth jurisdictions. Now the decision of the Supreme Court in the case of Montgomery v Lanarkshire Health Board has clarified the position in the UK and at last recognised the right of the particular patient to make informed choices about their own health care, that information disclosure to patients should be treated differently in law from issues relating to diagnosis and treatment, and therefore that in law the professional practice test is not an appropriate test to be applied in information disclosure cases. The case has had far-reaching implications for many, and has led to the introduction of a patient-focused test to the law on consent, and a change in practice.

Lauren’s book is intended equally for students, lawyers, doctors and other members of the health care professions. It sets out in full, the legal arguments advanced through the various stages of Montgomery v Lanarkshire Health Board to its final conclusion in the Supreme Court. It analyses the law on consent prior to the Supreme Court decision in Montgomery and the arguments made in Montgomery in the Scottish courts and the Supreme Court and also considers how the decision has been interpreted by the courts since. In addition there is analysis of the law on consent in other jurisdictions.

For more information including access to a free chapter and how to purchase visit: http://www.lawbriefpublishing.com/consentinclinicalnegligence

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