Trust me i’m a doctor? - a comparative analysis into the shift from medical paternalism to self-determination.

Authors

Regan David Cornell

Document Type

Graduate Article

Abstract

This article considers the law relating to the dramatic shift from medical paternalism to patient-centred care, following the landmark decision of Montgomery v Lanarkshire Health Board, which concerned the failure of a doctor to inform a patient of a 9-10% risk of shoulder dystocia during pregnancy.2 Providing a comparative analysis of the law surrounding clinical negligence throughout its development, it aims to discuss the impact of the decision in Montgomery and whether it has positively addressed common issues that arise in common clinical negligence claims. Furthermore, it will explore and question the ambit of Montgomery, which although seemingly changing the essence of medical consent, has had a minor effect in reducing NHS litigation claims

Publication Date

2021-01-01

Publication Title

The Plymouth Law Review

Volume

14

Issue

1

First Page

40

Last Page

63

Recommended Citation

Cornell, Regan David (2021) "Trust me i’m a doctor? - a comparative analysis into the shift from medical paternalism to self-determination.," Plymouth Law Review: Vol. 14, Article 13.
Available at: https://pearl.plymouth.ac.uk/plr/vol14/iss1/13