Under the Supreme Court judgment in Montgomery v Lanarkshire Health Board (2015) and GMC guidance, which risks must a doctor discuss when seeking consent?

Answer and explanation

Correct answer: A. A material risk that a reasonable patient, or this patient, would find significant

  1. Step 1: The Montgomery decision replaced the doctor-centred Bolam approach for disclosure of risk. Step 2. The test is whether a reasonable person in the patient's position would attach significance to the risk, or the doctor knows the patient would, and the discussion is tailored to the individual. Answer: A material risk that a reasonable patient, or this patient, would find significant. Why not the others: A fixed percentage threshold ignores what matters to the patient. A responsible body of doctors is the old Bolam test, which no longer governs disclosure. Restricting discussion to fatal risks leaves out serious non-fatal harms.

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