Montgomery judgement is still front-of-mind for insurers and clinicians
It’s over two years since the Montgomery v Lanarkshire Health Board case changed the process of informed consent between doctor and patient. In October 2016, the Royal College of Surgeons (RCS) issued new guidance for working with patients through the process of informed decision-making.
Although many professionals are becoming accustomed to the new consent process, legal commentators note that it is still very much a “live” issue. One legal and consulting firm predicts a rise in consent claims, suggesting that hospitals and clinicians need to take action to protect themselves. They even report hearing of Montgomery-related allegations being added to existing claims. PMP’s legal advisers Clyde & Co, who won the first case after the Montgomery decision, have suggested that its effects “are yet to be fully worked through”.
However well informed you are about this important legal shift, it’s always good to have access to support when you need it. PMP’s medico-legal helpline is available 24/7 to our policyholders should you ever have specific legal queries.
 Consent: Supported Decision-Making – a good practice guide https://www.rcseng.ac.uk/library-and-publications/college-publications/docs/consent-good-practice-guide/
 RPC Annual Insurance Review 2016, https://www.rpc.co.uk/perspectives/insurance-reviews/annual-insurance-review-2016, p20
 Discussion of alternative treatment options: it’s not optional, Clyde & Co, https://clydeco.com/insight/article/discussion-of-alternative-treatment-options-its-not-optional