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 ...

Case Study: Sessay v South London & Maudsley NHS Foundation Trust (2011)

In August 2010, police officers entered the home of Ms Sawida Sessay, prompted by a neighbour’s concern about her welfare and ability to care for her young child. Without obtaining a warrant or consulting mental health professionals, the officers formed a judgment that Ms Sessay appeared mentally disordered and took her, along with her child, initially to Peckham police station. After her child was placed into police protection, the officers transported Ms Sessay to the Maudsley Hospital, specifically into the ...

Case law applicable in GMC proceedings

The General Medical Council (GMC) plays a pivotal role in upholding the standards of the medical profession in the United Kingdom. Its Fitness to Practise proceedings serve to ensure that medical practitioners adhere to the highest ethical and professional standards, thereby safeguarding patients and maintaining public confidence in the medical field. In these proceedings, case law serves as a cornerstone, providing a framework for interpreting and applying the relevant statute and regulations. The reliance on legal precedents ensures consistency and ...