Press release issued: 1 February 2018
In her latest blog, Louise Austin, Teacher in Medical Law and member of the Centre for Health, Law, and Society (CHLS), examines standards of disclosure of potential risks and informed consent to medical treatment.
Louise Austin’s blog post provides a summary of her case commentary published in the Medical Law Review: ‘Grimstone v Epsom and St Helier University Hospitals NHS Trust: (It’s Not) Hip To Be Square’.
The study discusses Grimstone v Epsom and St Helier University Hospitals NHS Trust. In this case the old standard of disclosure (the doctor-focused Bolam standard) was used to determine liability for non-disclosure, despite the formation of a new standard favouring disclosure based on what is significant to patients.
The blog post explores the decision and implications of using the Bolam standard rather than the new one that applied:
“The case illustrates [..] that whilst the legal standard of disclosure now focuses on what is important to the individual patient, unless judges take on board the importance of this, there is a risk that medical opinion will continue to determine what information a patient should receive before agreeing to undergo medical treatment.”
Read more.
Further information
Louise Austin is a PhD Candidate in Law, Associate Teacher in Medical Law and the co-chair of the Institute of Medical Ethics Postgraduate Student Committee. Her research interests focus on the ethics, law and regulation of informed consent to medical treatment.
The Centre for Health, Law, and Society (CHLS) promotes cross-disciplinary and cross-sector perspectives on the impacts of law and governance on physical, mental and social wellbeing. Based within the University of Bristol Law School, the CHLS comprises leading scholars whose work focuses on wide-ranging practical areas from within and far beyond health care systems, including clinical medicine, reproductive care, mental health, social care, and public and global health.
For more information about the Centre and its members, projects and opportunities please visit the CHLS website.
