Articles for tag: Bolam, Bolitho, capacity, case law, consent, Duce, law, materiality, McCulloch, Montgomery, professional, treatment

Consent after McCulloch: where clinical judgement meets patient choice

Why clinicians should care about this case? Many clinicians know that consent is important. Fewer appear to know how much the law of consent changed after Montgomery v Lanarkshire Health Board [2015] UKSC 11, or how the Supreme Court later refined that position in McCulloch v Forth Valley Health Board [2023] UKSC 26. That matters because consent is not just about obtaining agreement. It is about ensuring that the patient is given information that allows a real decision to be ...

Bolam Test: Historical Context and Evolution

The Bolam test originates from the UK case Bolam v. Friern Hospital Management Committee [1957] 1 WLR 582. This legal precedent was set in a negligence case involving medical treatment, establishing a principle that would profoundly influence the standard of care in medical negligence cases not only in the UK but also in various jurisdictions around the world. The principle is rooted in determining whether a healthcare professional has acted in accordance with a practice accepted as proper by a ...