Montgomery v Lanarkshire Health Board

Montgomery v Lanarkshire Health Board
CourtSupreme Court
Decided11 March 2015
Citation[2015] UKSC 11
Court membership
Judges sittingLord Neuberger, President Lady Hale, Deputy President, Lord Kerr, Lord Clarke, Lord Wilson, Lord Reed, Lord Hodge
Keywords
Reasonable care, Informed consent

Montgomery v Lanarkshire Health Board [2015] UKSC 11 is a Scottish delict, medical negligence and English tort law case on doctors and pharmacists that outlines the rule on the disclosure of risks to satisfy the criteria of an informed consent. The Supreme Court departed and overruled the earlier House of Lords case in Sidaway v Board of Governors of the Bethlem Royal Hospital, in reconsidering the duty of care of a doctor towards a patient on medical treatment. The case changed the Bolam test to a greater test in medical negligence by introducing the general duty to attempt the disclosure of risks.[1]

  1. ^ [1957] 1 WLR 582