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consent for clinicians

26 November 2018

It has now been over 3 years since the landmark decision of Montgomery v Lanarkshire Health Board in 2015 which changed the legal landscape regarding informed consent. Montgomery made it clear that consent should be an ongoing and patient centred process, requiring clinicians to ensure that a patient is aware of any material risks involved in any recommended treatment and of any reasonable alternative or variant treatments. Since Montgomery, there have been a number of cases which have refined and clarified the law in this area.

In this video, Kelly Buckley and Lucy Erskine provide an insight into the current legal position and offer practical tips to ensure that clinicians are having the genuine dialogue needed with patients about relevant treatment options and risks to enable valid consent to be obtained.

 

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Legal updates

Capacity at birth – care planning, contingent and anticipatory declarations

Our recent case of United Lincolnshire Hospitals NHS Trust v CD is significant because it is the first reported judgment on the use of the Mental Capacity Act 2005 (MCA) to make contingent and anticipatory declarations in the event that P lacks capacity at a particular future point in time.

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Legal updates

Sussex Partnership NHS Trust fined £200,000 – a warning for providers and investors

Sussex Partnership NHS Trust was sentenced on 14 June 2019 for failing to provide safe care and treatment to a 19 year old inmate being cared for on the hospital wing of Lewes Prison, Jamie Osborne.

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CQC and health & care regulatory update - June 2019

Carl-May Smith provides an enforcement and prosecutions update including looking at recent prosecutions of Registered Managers.

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Legal updates

Primary Care Networks go live on 1 July!

Following applications in May, Primary Care Networks (PCNs) will start to operate from 1 July.

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The opinions expressed on this video are provided for the purposes of general interest and information and should not be relied upon. They contain only summaries of aspects of the subject matter at the time of publishing and do not provide comprehensive statements of the law. They do not constitute legal advice and do not provide a substitute for it. So why not talk to us and seek advice that's tailored to you? You can look up one of our experts on this website or call on 0370 270 6000.

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