Montgomery ruling
The Montgomery case in 2015 was a landmark for informed consent in the UK
- Nadine Montgomery, a diabetic woman and of small stature, delivered her son vaginally; her son experienced complications owing to shoulder dystocia, resulting in hypoxic insult with consequent cerebral palsy
- her obstetrician had not disclosed the increased risk of this complication in vaginal delivery, despite Montgomery asking if the baby's size was a potential problem
- Montgomery sued for negligence, arguing that, if she had known of the increased risk, she would have requested a caesarean section
- the Supreme Court of the UK announced judgment in her favour in March 2015
- it established that, rather than being a matter for clinical judgment to be assessed by professional medical opinion, a patient should be told whatever they want to know, not what the doctor thinks they should be told
- it established that, rather than being a matter for clinical judgment to be assessed by professional medical opinion, a patient should be told whatever they want to know, not what the doctor thinks they should be told
- this ruling means that patients can expect a more active and informed role in treatment decisions, with a corresponding shift in emphasis on various values, including autonomy, in medical ethics
Reference:
- Montgomery v Lanarkshire Health Board [2015] SC 11 [2015] 1 AC 1430.
Create an account to add page annotations
Annotations allow you to add information to this page that would be handy to have on hand during a consultation. E.g. a website or number. This information will always show when you visit this page.