medical law; Montgomery v Lanarkshire Health Board [2015] UKSC 11
medical law; Montgomery v Lanarkshire Health Board [2015] UKSC 11
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Medical Law Coursework
This is an individual assignment and carries 50% of the unit mark.
“The social and legal developments … point away from a model of the relationship between the doctor and the patient based upon medical paternalism. They also point away from a model based upon a view of the patient as being entirely dependent on information provided by the doctor. What they point towards is an approach to the law which, instead of treating patients as placing themselves in the hands of their doctor,… treats them so far as possible as adults who are capable of understanding that medical treatment is uncertain of success and may involve risks, accepting responsibility for the taking of risks affecting their own lives, and living with the consequences of their choices”.
Montgomery v Lanarkshire Health Board [2015] UKSC 11, para 81
Critically evaluate how far the law in relation to the doctrine of informed consent has moved from a paternalistic approach to allowing patients to make true autonomous decisions over their medical treatment.
