Montgomery v Lanarkshire Health Board

Abstract

This case note discusses the decision of the UK Supreme Court in Montgomery v Lanarkshire Health Board, a case concerning the negligent failure by a doctor to disclose a risk associated with childbirth. The significance of the case lies in the Supreme Court’s departure from Sidaway, an earlier decision of the House of Lords. The consequence is that the Bolam test can no longer be applied to questions about breach of duty where the alleged negligence involves a failure to disclose medical risks. The note considers the reasons for the decision in Montgomery, as well as the kinds of issues that it will raise as the courts in the UK attempt to apply it in future cases.