Montgomery vs. Lanarkshire Health Board (regarding informed consent)

IMPORTANT UPDATE ON CONSENT FOR MEDICAL PROCEDURES 6 August 2015 Any adult of sound mind is entitled to decide which, if any, of the available treatments to undergo, and consent must be obtained before treatment interfering with the bodily integrity is undertaken. The doctor is under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in proposed treatment, and of reasonable alternatives. A risk is “material” if a reasonable person in the patient’s position would be likely to attach significance to it, or if the doctor is or should reasonably be aware that their patient would be likely to attach significance to it. Exceptions to informed consent The doctor is entitled to withhold from the patient information as to a risk if he reasonably considers that its disclosure would be seriously detrimental to the patient's health. The doctor is excused from conferring with the patient in circumstances of necessity, eg where the patient requires treatment urgently but is unconscious or otherwise unable to make a decision.

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