Grimstone V Epsom and St Helier University Hospitals NHS Trust: (It's Not) Hip To Be Square

Louise Austin

doi:10.1093/medlaw/fwx053

Grimstone V Epsom and St Helier University Hospitals NHS Trust: (It's Not) Hip To Be Square

Louise Austin

Research output: Contribution to journal › Comment/debate (Academic Journal) › peer-review

2 Citations (Scopus)

282 Downloads (Pure)

Abstract

In Montgomery v Lanarkshire Health Board [2015] UKSC 11 the Supreme Court redefined the standard of disclosure in informed consent to medical treatment, rejecting the application of the doctor-focused Bolam standard in favour of one focused on what was significant to patients. In Grimstone v Epsom and St Helier University Hospitals NHS Trust [2015] EWHC 3756 (QB), despite acknowledging a new standard now applied, McGowan J nevertheless used the Bolam test to determine liability for non-disclosure. This illustrates ongoing judicial deference to the medical profession and this case commentary explores that decision and its implications.

Original language	English
Article number	fwx053
Pages (from-to)	665-674
Number of pages	10
Journal	Medical Law Review
Volume	26
Issue number	4
Early online date	24 Nov 2017
DOIs	https://doi.org/10.1093/medlaw/fwx053
Publication status	Published - Sept 2018

Keywords

Disclosure
Informed Consent
Judicial Deference

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KW - Judicial Deference

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Grimstone V Epsom and St Helier University Hospitals NHS Trust: (It's Not) Hip To Be Square

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