Montgomery v Lanarkshire Health Board. The case was deemed a conflict of standards – informed consent versus medical preference. The landmark case of Montgomery v Lanarkshire Health Board 1 created a basis for the requirement of ‘informed consent’ in English law as part of a doctor’s duty. She was small in stature and suffered from insulin dependent diabetes mellitus. The Supreme Court judgement in ‘ Montgomery v Lanarkshire Health Board ’ has caused a change in the law concerning the duty of doctors on disclosure of information to patients regarding risks. 2. For the mother involved, who had argued that she had not been told of significant risks surrounding her son’s birth, this was the culmination of a 16-year battle for compensation. The facts of Montgomery are well recited but in brief are as follows: Mrs Montgomery was pregnant with her first child in 1999. Lanarkshire Health Board, who was responsible for Mrs Montgomery’s care during her pregnancy and labour. What does this mean for doctors and… The decision demonstrates a lack of expertise in dealing with specific clinical issues and misrepresents professional guidance. Mrs Montgomery was five feet tall, and was also diabetic, which often results in a larger foetus with weight concentrated around the shoulders. It is not in dispute that the baby would then have been born unharmed. The law on consent – the duty of a healthcare professional to advise a patient on the risks of a particular treatment – has evolved over the years. This decision was an overruling of a previous decision made by the House of Lords. She also delivered the baby. What We Learned from Montgomery v Lanarkshire Health Board. Risk of shoulder dystocia was … However, the legal test was clarified by the Supreme Court in the case of Montgomery v Lanarkshire Health Board [2015] UKSC 11. This was reinforced by the Supreme Court in 2007 in Fitzpatrick v White . The first concerned her ante-natal care. The Court of United Kingdom released judgement in the favor of Nadine Montgomery in March of 2015. Paradoxically, its ruling supporting the principle of autonomy could be justified only by disregarding the individual patient's actual choices and characteristics in favour of a stereotype. Page 20 of 22 Montgomery v Lanarkshire Health Board [2015] UKSC 11 Montgomery would probably have elected to be delivered of her baby by caesarean section. In March, the Supreme Court handed down a unanimous decision in the Montgomery v Lanarkshire Health Board case. Before the Court of Session, two distinct grounds of negligence were advanced on behalf of Mrs Montgomery. montgomery lanarkshire health board ac 1430, uksc 11 summary the claimant, nadine montgomery, was suing on behalf of her son, who had been born disabled as His mother subsequently sought damages from Lanarkshire Health Board. Montgomery v Lanarkshire Health Board A similar approach has been adopted in the UK with the landmark Supreme Court judgment in Montgomery, which arguably goes even further than the current Irish law in relation to consent. 1 Montgomery v Lanarkshire Health Board and the Rights of the Reasonable Patient Patient autonomy, the textbooks tell us, is the “cornerstone of modern medical jurisprudence in the United Kingdom”,1 and it is now some years since the House of Lords acknowledged the significance of this fundamental principle.2 The medical profession too has adjusted its literature Montgomery v Lanarkshire HB is a deeply troubling decision when read closely. Judge: Supreme Court (Lord Neuberger, President, Lady Hale, Deputy President, Lord Kerr, Lord Clarke, Lord Wilson, Lord Reed, Lord Hodge) Citation: [2015] UKSC 11 Summary of Montgomery v Lanarkshire Health Board. Would then have been born unharmed Fitzpatrick v White from Lanarkshire Health Board, who was responsible for Mrs.... 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