Risk Disclosure Flashcards
Case to show doctor should decide what info the patient needs to be given?
IMPORTANT CASE FOR RISK DISCLOSURE
Sidaway v board of governors of Bethlehem hospital 1984
What does sidaway say?
It’s what a “prudent person in the patients situation would have regarded as significant”
Case to show where the risk is significant, the patient must be told?
Pearce v united bristol healthcare NHS Trust 1999
What does Chester v Asfshar 2004 say about significant risks?
“If there is a significant risk which would affect the judgement of the patient then it’s the doctors duty to inform P of that significant risk”
Why wasn’t Bolam applied in the Montgomery case?
If Bolam was applied doctor would have a defence saying no other doctor informed Nadine of the risk of a natural birth.
What is the main case to mention for risk disclosure?
Montgomery v Lanarkshire health board 2015
What is the particular patient test from Montgomery?
Amount of info given to the patient is subjective and depends on the circumstances of the case.
What are material risks?
- It’s what the reasonable person standing in the patients shoes would want to know.
- It’s what the doctor is aware of that this particular patient would want to know.
Is a language barrier and excuse for poor risk disclosure? Case?
NO - Al hamwi v Johnson 2005
Should alternative treatment be offered under risk disclosure? Case?
Depends on facts of case - McCulloch v forth valley health board 2023
What happen in McCulloch v forth valley health board 2023 and why wasn’t Montgomery applied?
No alternative treatment was offered as it was an appropriate option at the time.
Bolam was applied as no alternative treatment offered so Montgomery wasn’t relevant.
When looking at factual causation, what case shows the court will look at a persons characteristics?
Smith v barking, havering, and Brentwood health authority 1994 - she was going to be paralysed with or without treatment.
What was the outcome from the but for test in the leading factual causation case? Name the case.
Chester v Asfshar 2004 - but for the claimant couldn’t say that she wouldn’t have had the treatment knowing about the risks.
Why did they award damages to Chester even though she satisfied the but for test?
“To leave a patient without remedy would render the duty useless in cases where it is needed most”
What is the comparison case for risk disclosure? What was the outcome?
Chapell v heart - patient Would have had the procedure knowing the risks BUT would have found the best surgeon possible to carry out the procedure.
