Montgomery Consent

Question 1

What are the factors needed for consent to be legal?

Answer 1

• Not manipulated
• Valid
• Not coerced
• With capacity
• Properly Informed
• Voluntary

Question 2

What is the Hunter v Hanley 1955?

Answer 2

• Hunter had respiratory problems and receiving intramuscular injections of penicillin
• Needle broke inside her and became infected
• Hanley referred
• Tried to remove surgical but didn’t work and she got pneumonia so she sued
• Results became if some Dr would also do the same then you can’t be sued for negligence

Question 3

Bolam v Friern Hospital
Management Committee (1957

Answer 3

• Receiving shock treatment for depression
• When shock occurred he was thrown on to hard floor and he sued as he broke his femurs
• No negligence where Dr agree and if patient doesn’t ask then you don’t have to tell them the risk

Question 4

Sidaway v Bethlem Royal Hospital and the Maudesley
Hospital Health Authority and Others (1985

Answer 4

• Bethlem first psychiatric hospital in England then
• Sidaway getting treated for spine problem and resulted in paralysis which was a known risk
• Sidaway wasn’t told the risk so sued
• Lost on appeal under Bolam principle of if patient doesn’t ask about risk you don’t have to say

Question 5

Bolitho v City and Hackney Health Authority (1993

Answer 5

• Bolitho 3 year old boy who had Croup and serious in children if severe
• He was admitted to hospital
• Paediatric resident called twice and she didn’t turn up
• He suffered respiratory arrest and had to resuscitate him (took 10mins)
• Had brain damage and died
• Judge went it should have been intubated anyway
• Landmark case for judge to go against a medical expert

Question 6

Chester v Afshar (2004

Answer 6

• Chester had lumbar spine difficulties and referred to Afshar
• Nerve damage during surgery and paralysed as result which is known risk
• Surgery was faultless however Afshar didn’t tell about risk and Chester would not have accepted surgery if she knew about risk
• Afshar found negligence in his risk assessment
• Judge ruled Chester should have been told even if she didn’t ask

Question 7

Montgomery v Lanarkshire Health Board (2015)

Answer 7

• Nadine Montgomery V Lanarkshire health board was hear in Supreme Court (final court of appeal)
• Took 16 years for case to be won
• Insulin diabetic and about to be a mother (babies have larger shoulders and is 10%risk for diabetic mothers)
• Use McRoberts manoeuvre to force the baby out but it didn’t work
• Child became hypoxic and cerebral palsy with non working arm
• Surgeon attempted to cut pelvis open but didn’t have correct equipment so eventually clinician yanked the baby out
• Montgomery was not told any of this and told caesarean would occur if anything else happened
• Originally lost case for being an intelligent woman, she said she would have had caesarean if if patient didn’t ask
• Appeal failed
• 16 years later and supreme court unanimously decided Dr should have told risk even if patient not asked