Patient power: The duty to explain post Montgomery and the statutory duty of candour

Abstract

The combination of the introduction of a statutory duty of candour and the Supreme Court decision in Montgomery v Lanarkshire Health Board emphasises the profound change in the doctor–patient relationship that has occurred over the last few decades. As a society, we have moved a long way from the paternalistic doctor deciding what is best for his (and it was usually a his) patient. This article considers the changes and how they may be used in a clinical negligence claim.