Consent case - Montgomery vs Lanarkshire Health Board

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Created: 2024-06-23 | Update:

Tags: Headline case, ethics


The case of Montgomery v Lanarkshire Health Board (2015) was a landmark ruling in the UK regarding informed consent in healthcare.


The court ruled in favor of Montgomery, establishing a new standard for informed consent:

This case changed the doctor-patient dynamic in the UK, requiring doctors to have a more open dialogue with patients about treatment options and risks.


Bolam Case 


The Bolam case, legally known as Bolam v Friern Hospital Management Committee (1957), established a key principle in UK medical negligence law. Here's what happened:

The legal question centered on the standard of care:

The outcome:

Significance of the Bolam Test:


Bolam test 

The Bolam Test is a legal test used in medical negligence cases in the UK to assess whether a medical professional breached their duty of care to a patient. Here's a breakdown:

Essentially, a doctor isn't negligent if they can show a respected group of their peers would have acted the same way in the same situation.

However, the Bolam Test has limitations:

Due to these limitations, the Montgomery v Lanarkshire Health Board case (2015) established a new standard for informed consent, placing more emphasis on the patient's right to understand the risks and benefits of treatment options.


Themdu.com. (2024). Montgomery and informed consent - The MDU. [online] Available at: https://www.themdu.com/guidance-and-advice/guides/montgomery-and-informed-consent [Accessed 23 Jun. 2024].

Chan, S.W., Tulloch, E., E Sarah Cooper, Smith, A., Wojcik, W. and Norman, J.E. (2017). Montgomery and informed consent: where are we now? BMJ. British medical journal, [online] pp.j2224–j2224. https://doi.org/10.1136/bmj.j2224