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Shared decision making and consent post-Montgomery, UK Supreme Court judgement supporting best practice
Joel Ward1, Dilraj Kalsi1, Anirudh Chandrashekar1
1Nuffield Department of Surgical Sciences, Oxford University, Oxford OX3 9DU United Kingdom.
Patient Education and Counseling
|May 27, 2020
Summary
The Montgomery ruling shifts consent to treatment from clinician-centered to patient-centered care. This legal change empowers patients by prioritizing their values in medical decisions, enhancing shared decision-making.
Area of Science:
- Medical Law
- Surgical Consent
- Patient Rights
Background:
- Informed consent is crucial in healthcare, particularly surgery.
- The Bolam test traditionally centered the duty of care on the clinician's perspective.
- A shift towards patient autonomy in treatment decisions is evident.
Purpose of the Study:
- To explain the UK Supreme Court's Montgomery judgment.
- To analyze its impact on the process of obtaining consent for medical treatment.
- To highlight the implications for surgical practice globally.
Main Methods:
- Review of the Montgomery case and its ruling on consent validity.
- Analysis of the shift from clinician-centric to patient-centric care.
- Examination of recent commentaries and practical examples.
Main Results:
- The Montgomery ruling redefines the legal test for duty of care in consent.
- It prioritizes the individual patient's values and concerns over the clinician's judgment.
- Practical applications demonstrate empowerment of both doctors and patients.
Conclusions:
- The Montgomery ruling necessitates a patient-centered approach to consent.
- Shared decision-making, incorporating patient values, is essential for valid consent.
- Adopting a Montgomery-compliant strategy is recommended for future practice.
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