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Montgomery on informed consent: an inexpert decision?

Montgomery, JR; Montgomery, E; (2016) Montgomery on informed consent: an inexpert decision? Journal of Medical Ethics , 42 (2) pp. 89-94. 10.1136/medethics-2015-102862. Green open access

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Abstract

Montgomery v Lanarkshire HB is a deeply troubling decision when read closely. Paradoxically, its ruling supporting the principle of autonomy could be justified only by disregarding the individual patient's actual choices and characteristics in favour of a stereotype. The decision demonstrates a lack of expertise in dealing with specific clinical issues and misrepresents professional guidance. More fundamentally, it fails to appreciate the nature of professional expertise. This calls into question the competence of the courts to adjudicate on matters of clinical judgement and makes an attractive formulation of the test for disclosure obligations inherently unpredictable.

Type: Article
Title: Montgomery on informed consent: an inexpert decision?
Open access status: An open access version is available from UCL Discovery
DOI: 10.1136/medethics-2015-102862
Publisher version: http://dx.doi.org/10.1136/medethics-2015-102862
Language: English
Additional information: Copyright © 2016 by the BMJ Publishing Group Ltd & Institute of Medical Ethics. All rights reserved.
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1474276
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