Montgomery v Lanarkshire Health Board Flashcards
when was this case
2015
which court
scotland Supreme Court
ratio
An adult person of sound mind was entitled to decide which, if any, of the available forms of treatment to undergo, and her consent had to be obtained before treatment interfering with her bodily integrity was undertaken.
Doctors have a duty of care to make sure patients are aware of all options and the risks of those options
facts of the case
M was a diabetic & therefore likely to have a larger baby.
When she was pregnant she was not informed of the risk of shoulder dystocia (risk was 10% or less).
This happened during birth and child had severe disabilities as a result, M sued as shed should have been told about other options (eg C-sections).
Original case dismissed.
result of the case
appeal allowed
how many judges
7
Lord Neuberger of Abbotsbury PSC , Baroness Hale of Richmond DPSC , Lord Kerr of Tonaghmore , Lord Clarke of Stone-cum-Ebony , Lord Wilson , Lord Reed , Lord Hodge JJSC