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.
Consent and Montgomery three years on: Where are we now?
Organised by The Royal College of Physicians and Surgeons of Glasgow
Ampersand members David Stephenson QC and Lauren Sutherland QC, together with clinicians, will form a panel to discuss the impact of the Montgomery ruling and the challenges that remain. Lauren Sutherland QC, a member of the legal team that represented Montgomery, will open the evening with a talk on the Montgomery case and the legal interpretations that have since emerged. Thereafter, the panel will discuss questions from the audience. This will be an opportunity to explore what aspects of informed consent in a post-Montgomery world most concern clinicians and advocates.
The evening will start at 6pm and will consist of a 45 minute talk followed by a light buffet and a second Q&A session.
Whilst the event is free to attend, those wishing to do so must first register. Please do so via this link .
‘Consent & Montgomery, three years on – where are we now?’
Faculty of Advocates joint event for clinicians with the Royal College of Physicians and Surgeons of Glasgow. This event will be held on Monday 26 February 2018 in Glasgow at 1800 hours and will be free to attend. Involving Ampersand Advocates Lauren Sutherland QC and David Stephenson QC joining a distinguished panel of lawyers and clinicians to discuss the impact of the Montgomery ruling in consent to medical treatment.
Kathryn Ferguson joined Ampersand in 2018 and has completed Paralegal qualifications in both Conveyancing and Wills and Executries. Prior to joining the team Kathryn worked for a global law firm supporting the Commercial Real Estate and Litigation teams.
Kathryn brings a can-do approach and is always willing to assist in all aspects of instructing counsel.
Recent Medico-Legal issues in Orthopaedics Conference hailed success
Following Inspire Medilaw’s recent Medico-Legal issues in Orthopaedics Conference in Edinburgh on 30 October 2017, they have released a promotional video.
The seminar had an an excellent line-up of medical and legal speakers, including Ampersand’s David Stephenson QC chairing and Lauren Sutherland QC speaking. The seminar covered relevant medical topics, including ‘compartment syndrome’, ‘risks and pitfalls of spinal surgery’ and ‘bone and soft tumours’, along with many more interesting topics. The feedback from the conference was superb with comments such as “the best conference I have attended” and “fantastic speakers and content”.
