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Duty to warn of risks moves to a prudent patient approach
1Senior Lecturer in Health Law, College of Human and Health Sciences, Swansea University.
Abstract:
The United Kingdom Supreme Court has ruled that nurses, and other health professionals, can no longer paternalistically decide what information about the risks inherent in treatment should be disclosed to patients when obtaining consent ( Montgomery v Lanarkshire Health Board [2015] ). Patients must instead be given sufficient information about material risks to enable them to make an informed decision about whether to accept or refuse treatment. This article considers the impact of the Supreme Court ruling on nursing practice.
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