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Elbow room for best practice? Montgomery, patients' values, and balanced decision-making in person-centred clinical care.

Abstract:

The UK Supreme Court Montgomery judgment marks a decisive shift in the legal test of duty of care in the context of consent to treatment, from the perspective of the clinician (as represented by Bolam rules) to that of the patient. A majority of commentators on Montgomery have focused on the implications of the judgment for disclosure of risk. In this paper we set risk disclosure in context with three further elements of the judgment, benefits, options, and dialogue. These elements, we argue,...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted manuscript

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Publisher copy:
10.1093/medlaw/fwx029

Authors


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Institution:
University of Oxford
Division:
Social Sciences Division
Department:
Law Faculty
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Institution:
University of Oxford
Division:
Humanities Division
Department:
Philosophy Faculty
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Institution:
University of Oxford
Division:
Medical Sciences Division
Department:
Nuffield Department of Population Health; Population Health
More by this author
Institution:
University of Oxford
Division:
Medical Sciences Division
Department:
Surgical Sciences
Publisher:
Oxford University Press Publisher's website
Journal:
Medical Law Review Journal website
Volume:
25
Issue:
4
Pages:
582–603
Publication date:
2017-07-19
Acceptance date:
2017-06-01
DOI:
EISSN:
1464-3790
ISSN:
0967-0742
Pubs id:
pubs:737179
URN:
uri:f1590aa0-618a-4740-b6c0-d6b24997862d
UUID:
uuid:f1590aa0-618a-4740-b6c0-d6b24997862d
Local pid:
pubs:737179
Language:
English
Keywords:

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