Consent in clinical negligence cases: Montgomery, causation and institutional failures

Barrister:  Justin Valentine
Source: St John’s Chambers
Summary: Justin reviews the issues of consent in clinical negligence cases in, and subsequent to, the case of Montgomery. He examines the extension of the Montgomery principle, to advice-giving in general in clinical settings and the renewed focus on causation as it relates to consent in the case of Duce v Worcestershire which suggests that the authority of Chester v Afshar can no longer confidently be relied upon. He provides practical pointers when dealing with consent, the provision of information/advice and, more broadly, institutional failures subsequent to the case of Darnley.