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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

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Publisher copy:
10.1093/medlaw/fwx029

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Institution:
University of Oxford
Division:
Social Sciences Division
Department:
Law Faculty
Role:
Author
More by this author
Institution:
University of Oxford
Division:
Humanities Division
Department:
Philosophy Faculty
Role:
Author
More by this author
Institution:
University of Oxford
Division:
MSD
Department:
Nuffield Department of Population Health
Sub department:
Population Health
Role:
Author
More by this author
Institution:
University of Oxford
Division:
Medical Sciences Division
Department:
Surgical Sciences
Role:
Author
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
Pmid:
28985348
Source identifiers:
737179
Language:
English
Keywords:
Pubs id:
pubs:737179
UUID:
uuid:f1590aa0-618a-4740-b6c0-d6b24997862d
Local pid:
pubs:737179
Deposit date:
2017-11-24

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