GMC clarifies intervention in UK Supreme Court case restricting scope of Montgomery duty of care to patients

We agree that the recent Supreme Court judgment in the case of McCulloch versus Forth Valley Hospital Board is very helpful in clarifying the duty that doctors have to discuss possible alternatives when offering a patient treatment.1 The combination of understanding patients’ wishes and the application of professional judgment and experience creates the informed dialogue essential to obtaining proper consent—and that remains the case.But stating that the General Medical Council’s intervention was based on a “fear” that the court would widen the duty laid down in Montgomery is misleading. The GMC was granted permission to intervene by the Supreme Court to assist the court by setting out our standards and guidance. We provided our independent regulatory perspective of the duties of a doctor when considering the treatment options to be discussed with a patient. We thought that the recent guidance we had on this would assist the court with its…
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