Medical Negligence

Montanile v. U.S.

McCulloch and others v Forth Valley Health Board

The Supreme Court confirmed that the assessment of whether a possible treatment option is a reasonable one is a matter of clinical judgement. Applying Montgomery v Lanarkshire Health Board* [2015], there is a duty of care to inform patients only of all reasonable treatments. The case concerned alleged negligence by a doctor who failed to inform a patient of an alternative treatment that the doctor did not consider  reasonable, a view which was supported by a responsible body of medical opinion.

  • 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.
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