Surgical consent practice in the UK following the Montgomery ruling: A national cross-sectional questionnaire study

International Journal of Surgery
Chris McKinnonAdam P Williams

Abstract

The Supreme Court case of Montgomery vs Lanarkshire Health Board in 2015 was a landmark case for consent practice in the UK which shifted focus from a traditional paternalistic model of consent towards a more patient-centered approach. Widely recognised as the most significant legal judgment on informed consent in the last 30 years, the case was predicted to have a major impact on the everyday practice of surgeons working in the UK National Health Service (NHS). Two years after the legal definition of informed consent was redefined, we carried out an audit of surgical consent practice across the UK to establish the impact of the Montgomery ruling on clinical practice. Data was collected by distribution of an electronic questionnaire to NHS doctors working in surgical specialities with a total of 550 respondents. 81% of surgical doctors were aware of the recent change in consent law, yet only 35% reported a noticeable change in the local consent process. Important barriers to modernisation included limited consent training, a lack of protected time for discussions with patients and minimal uptake of technology to aid decision-making/documentation. On the basis of these findings, we identify a need to develop strategies to improv...Continue Reading

Citations

Nov 30, 2019·European Journal of Cardiovascular Nursing : Journal of the Working Group on Cardiovascular Nursing of the European Society of Cardiology·Felicity AstinDwayne Conway
Nov 19, 2020·Case Reports in Surgery·Davor DasicZaid Sarsam
Oct 9, 2021·Journal of Evaluation in Clinical Practice·Isabelle Le GallezZoë Fritz

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