Nondisclosure Within Notes In Montgomery
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The court accepted that if Mrs Montgomery been told about the risk of dystocia, she would have chosen to have a caesarean. Her appeal was successful and the judgment held that the assessment of whether consent was adequate in a clinical negligence claim would not be assessed by the Bolam test.
The court accepted that if Mrs Montgomery been told about the risk of dystocia, she would have chosen to have a caesarean. Her appeal was successful and the judgment held that the assessment of whether consent was adequate in a clinical negligence claim would not be assessed by the Bolam test.
Montgomery (Appellant) v Lanarkshire Health Board (Respondent) (Scotland) - UK Supreme Court.
Montgomery v Lanarkshire Health Board 2015 UKSC 11 is a Scottish delict, medical negligence and English tort law case on doctors and pharmacists that outlines the rule on the disclosure of risks to satisfy the criteria of an informed consent.
The Montgomery v Lanarkshire case of March 20151 drew fresh attention to informed consent. Nadine Montgomery, a woman with diabetes and of small stature, delivered her son vaginally; he experienced complications owing to shoulder dystocia, resulting in hypoxic insult with consequent cerebral palsy.
The Supreme Court in Montgomery propounded the following test of 'materiality': a risk is material if within the particular case: (1) a reasonable person in the patient's shoes would likely attach significance to the concerned risk; or (2) the doctor is or reasonably ought to be aware that the patient would likely ...
Nadine, a type 1 diabetic of small stature experienced severe complications due to shoulder dystocia during the delivery of her son. Her sons head was delivered using rotational forceps but his shoulders became stuck for a period of twelve minutes.
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