CASE NOTE: MONTGOMERY V LANARKSHIRE HEALTH BOARD AND THE RESULTING AFTERMATH

Received 2021-02-04; Accepted 2022-01-21; Published 2022-04-13

Authors

  • Usharani Balasingam Faculty of Law, University of Malaya, 50603 Kuala Lumpur, Malaysia

DOI:

https://doi.org/10.22452/jummec.vol25no1.21

Abstract

The United Kingdom Supreme court case of Montgomery v Lanarkshire Health Board resulted in the issuance of a
guide on the professional standards and ethics for doctors in decision making and consent by the United Kingdom
(UK) General Medical Council effective from 9 November 2020. The focal point of the paper is the Montgomery
v Lanarkshire Health Board case report that led to the guide. The primary objective is to disseminate the guide
with an overview of the principles of decision making and consent for doctors embedded in the guide that would
be of benefit to all professional medical practitioners for the best practices. Some selected Malaysian cases on
professional negligence related to the area will also be analysed to differentiate the test applied for advice and the
test for diagnosis and treatment.

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Published

2022-06-27

Issue

Vol. 25 No. 1 (2022)

Section

Research article

License

All authors agree that the article, if editorially accepted for publication, shall be licensed under the Creative Commons Attribution License 4.0 to allow others to freely access, copy and use research provided the author is correctly attributed, unless otherwise stated. All articles are available online without charge or other barriers to access. However, anyone wishing to reproduce large quantities of an article (250+) should inform the publisher. Any opinion expressed in the articles are those of the authors and do not reflect that of the University of Malaya, 50603 Kuala Lumpur, Malaysia.