Consent down under

Weston, Allan P.

doi:10.1038/sj.bdj.2015.764

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Response To the Ruling1

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“…10 Others thought that the Montgomery ruling was unlikely to have this effect, however "excited the claimant law firms might become initially." 11 Legal opinions were reserved, describing the ruling as "the belated obituary, not the death knell, of medical paternalism." 12 Some argued that the standard imposed by the Montgomery decision merely reflected good practice as already specified by the GMC 13 and would make little practical difference to clinicians.…”

Section: Response To the Rulingmentioning

confidence: 99%

Montgomery and informed consent: where are we now?

Chan

Tulloch

Cooper

et al. 2017

BMJ

248

160

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Section: Response To the Rulingmentioning

confidence: 99%

Montgomery and informed consent: where are we now?

Chan

Tulloch

Cooper

et al. 2017

BMJ

248

160

View full text Add to dashboard Cite

Sufficient informed consent to medical treatment of adults: legal and ethical perspectives from Malawi

2022

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This special communication discusses the current legal and ethical requirements for informed consent to medical treatment of adults in Malawi. It analyzes the scope of the laws and code of ethics on professional discipline, including criminal privilege for surgeries and clarifies when insufficient disclosures entitle patients to compensation under civil law. Inconsistencies and uncertainties in the law are made apparent.It evaluates to which degree disclosure standards of other Commonwealth jurisdictions (e.g. the case of Montgomery) would be suitable for the health care setting of a country like Malawi that is characterized by shortages of resources, high illiteracy rates and a communitarian cultural context. Doctor-patient communication is not alien to African culture and part of sufficient informed consent. In order to balance the need for efficiency in health care delivery, accountability for quality care, fairness and effective patient-doctor communication the authors suggest to adopt the reasonable patient test only, if a defence of heavy workload on case-to-case basis is introduced at the same time. This does not dispense the need for organisational diligence on part of the institutional health care provider within its capacity.

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Consent down under

Cited by 2 publications

References 2 publications

Montgomery and informed consent: where are we now?

Montgomery and informed consent: where are we now?

Sufficient informed consent to medical treatment of adults: legal and ethical perspectives from Malawi

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