Podcast Location:
Download it here [file size: 37.2 MB]
Categories:
Clinical Negligence
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast aims to ensure that legal practitioners are familiar with the subject of informed consent in clinical negligence claims and the impact that the recent case of Montgomery –v- Lanarkshire Health Board has had in this particular area.

Outcomes:
After completing the course you will:
  • Be aware of the background of the law of consent;
  • Know of the relevant facts in the case of Montgomery –v- Lanarkshire Health Board;
  • Understand the approach that the Supreme Court took in the case of Montgomery;
  • Be aware of the key legal principles behind the Supreme Court’s decision in Montgomery;
  • Understand what constitutes a “material risk”;
  • Be aware of the impact that the case of Montgomery has had in the subsequent cases on informed consent.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Montgomery –v- Lanarkshire Health Board [2015] UKSC 11;
  • Sidaway –v- Board of Governors of the Royal Bethlem Hospital [1985] AC 871;
  • Bolam –v- Friern Hospital Management Committee [1957] 1 WLR 582;
  • Mrs A –v- East Kent University NHS Foundation Trust [2015] EWHC 1038 (QB);
  • Spencer –v- Hillingdon Hospital NHS Trust [2015] EWHC 1058;
  • Pearce –v- United Bristol Healthcare NHS Trust [1996] EWCA Civ 878;
  • Chester –v- Afshar [2004] UKHL 41;
  • The General Medical Counsel’s Guidance on Consent.
Tags:

In this CPDcast, Dan Morris, an Associate in the Clinical Risk team based in the firm’s London office, looks at the area of informed consent in respect of clinical negligence claims, focusing particularly on the recent case of Montgomery –v- Lanarkshire Health Board.

This course (podcast plus test) is accredited with 1 CPD hour for barristers at the Bar of England and Wales.

This course (podcast plus test) is accredited with 1 CPD point (0.5 for the podcast and 0.5 for completion of the test) for solicitors and legal professionals.

Podcast Length: 27:03

Date Recorded: 3rd June 2015

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