Expert witnesses will know that the legal test for adequate consent to treatment has moved to that of the ‘prudent patient’ or ‘Montgomery’ test, following the Supreme Court case of Montgomery v Lanarkshire (2015). The test for treatment itself remains the reasonable body or Bolam Test following Bolam v Friern Hospital Management Committee (1957).

Many practitioners are anxious as to what this splitting of the legal standard of care for consent means for expert witnesses when assessing the acts or omissions of health professionals who deliver care to patients: what does it mean for the quality of information patients now ought to expect to receive when they consent to treatment?

Clinical Negligence Barrister, Jonathan Godfrey, explains all in this 1-hour recorded webinar.