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Consent

Freedom of information request details

FOI request date:

Service: Claims Management Cause: Fail To Warn-Informed Consent

The following information was requested on 15 February 2019:

I apologise for its vagueness but I am looking for some information that NHSR holds on claims made on the issue of ‘consent’ in light of the 2015 Supreme Court decision in Montgomery.

[staff name] informs me that you have a marker for consent on your system and it would be of interest for a Medical Law & Ethics module that I am studying as part of a Law Degree, to have any data you possess.

I am especially curious for information in cases/claims where the defendant’s stance has relied on either the 1950’s Bolam test or that of Bolitho, where the case/claim should have relied on Montgomery.

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