Evolution of consent
Hugo Wellesley November 2016
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The Complexity of Informed Consent: A Historical and Legal Perspective, Study Guides, Projects, Research of Art
The evolution of the concept of consent in medical treatment, focusing on cases where consent was lacking and the legal implications. It discusses the importance of informed consent, the risks involved, and the tests used to determine valid consent. The document also touches upon the Bolam and reasonable patient tests.
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2021/2022
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Evolution of consent
Hugo Wellesley November 2016
Consent
Without consent
Battery / trespass to the person Slater v Baker & Stapleton 1767 - # femur Chatterton v Gerson 1981 – chronic pain
Without consent
Battery / trespass to the person Slater v Baker & Stapleton 1767 - # femur Chatterton v Gerson 1981 – chronic pain Negligence Chester v Afshar 2004 – microdiscectomy
Valid consent
Competent Freely given Fully informed
Which risks?
Which risks?
Bolam test: “a practice accepted as proper by a responsible body of medical men skilled in that particular art” Bolam v Friern Management Committee 1957 Note Bolitho v City & Hackney Health Authority 1997
Which risks?
Bolam test: “a practice accepted as proper by a responsible body of medical men skilled in that particular art” Bolam v Friern Management Committee 1957 Note Bolitho v City & Hackney Health Authority 1997 Reasonable patient test: Rejected in Sidaway v Bethlem RHG 1985 Comeback: Tina Marie Pearce v UBHT 1999
Which risks?
Montogmery v Lanarkshire 2015
Which risks?
Montogmery v Lanarkshire 2015 Material risk:
- Reasonable person likely to attach significance
- Dr should be aware for that particular patient