A surgeon may be found liable if informed consent cannot be proven even if the surgery itself wasn’t negligent, as James Wilson-MacDonald and Nicholas Todd explain

Informed consent is a necessary prelude to all surgical procedures. Following the Supreme Court judgment in Montgomery v Lanarkshire Health Board [2015] UKSC 11, the term ‘Montgomery-compliant’ consent is often used.

There needs to be a dialogue with the patient; and the risks, benefits and alternatives to treatment must be explained to – and understood by – the patient.

Here, we discuss a case where there was an appropriate indication for surgical treatment and the operation was carried out to an appropriate standard.

However, the defendant spinal surgeon was unable to demonstrate, to the judge’s satisfac...

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