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Justin Valentine 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.
To read Justin’s review in full, click here.