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New consent law

You must now always demonstrate in your reports that you understand the ramifications of the Montgomery v Lanarkshire Health Board (2015) ruling, warns Michael R. Young.

Expert witnessThe law is not static and constantly evolves. The Mont­gomery ruling is a good example of this.

Doctors are used to giving information about the benefits and risks of any recommended treatment to their patients and obtaining their consent. The GMC issues very good guidance about consent.

Unfortunately, the law lagged behind the expected standard of information-giving and consent expected from a clinician by their regulatory bodies. However, the Montgomery ruling of March 2015 brought the law and the regulatory guidance into line.

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