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

Louise Austin

Research output: Contribution to journalComment/debate (Academic Journal)peer-review

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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 languageEnglish
Article numberfwx053
Pages (from-to)665-674
Number of pages10
JournalMedical Law Review
Volume26
Issue number4
Early online date24 Nov 2017
DOIs
Publication statusPublished - Sep 2018

Keywords

  • Disclosure
  • Informed Consent
  • Judicial Deference

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