INTRODUCTION
Medical law has always been about the conflict between healthcare professionals and patients. The tension arose as the early pioneers of the subject noted that doctors appeared to be treated differently to other professionals in negligence cases, that they were making protected decisions in relation to ethical issues beyond the boundaries of their clinical expertise, and that this was anathema to the concept of patient autonomy. As the subject developed, the sense was that the ‘pro-patient’ argument was increasingly in the ascendant and reached its apotheosis in the Supreme Court’s decision in Montgomery, which openly privileged and prioritised patient autonomy in relation to risk disclosure …
Rob Heywood and José Miola, Back to the future? Identifying an appropriate legal approach to judging disclosure of alternative medical treatments, King’s Law Journal. Published online: 26 June 2025.
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