In 2017 EIDO Healthcare published its first edition of the Annual Consent Review, which contained a summary and analysis of recent court cases involving informed consent, all especially notable in the wake of the landmark Montgomery v Lanarkshire Health Board ruling in March 2015.

The purpose of the Annual Consent Review is to bring to public attention a selection of cases in which the Montgomery ruling was especially influential in shaping the outcomes, explain their relevance in the medico-legal sector and highlight to industry professionals the significance of the court’s decision on trends surrounding informed consent. EIDO Healthcare is an independent company with twenty years of experience in informed consent. This makes us uniquely qualified to produce this booklet, with the input of our medical and legal experts.

Obtaining legitimate consent has never been so important

More than ever before, patients are demanding freedom over their bodies and expecting greater honesty from clinicians about the risks and possible alternative treatments available during medical procedures.

In the three years since the well-publicised Montgomery v Lanarkshire Health Board ruling of 2015 there have been a number of cases which demonstrate that the ruling of the Supreme Court in the case of Montgomery has not always been followed.

The Court decided current laws concerning doctor-patient relationships were out-dated, and new laws needed to be put in place to keep-up with modern attitudes of independence for every individual in all areas of their life.


The 2nd edition – New cases, new observations

A year after the publication of EIDO’s first Annual Consent Review and questions remain as to the influence and importance of the Montgomery ruling on clinical practise. This second edition seeks to answer these questions, and provides a detailed, current account of notable cases to have emerged in the past year and their role in shaping the laws surrounding informed consent.

Within the preface to the second edition, Simon Parsons explains:

‘Consent law is a highly complex area, and one that is constantly evolving as new cases are decided by the courts. Never before has it been so important for clinicians to have a proper understanding of their responsibilities, and to obtain consent to treatment within the boundaries set by the law.’

The aim of the Second Edition of the Annual Consent Review is to educate its readers in new laws concerning consent, and how best to steer their practise through an era which has become unashamedly patient-centred.

About the author

Author of both the first and second edition of the Annual Consent Review, Vivienne Harpwood is Professor of Law at Cardiff University. Vivienne’s wide understanding of medical law goes beyond the lectures and media interviews she has conducted, and into the world of publishing. Among her publications include the books Legal Issues in ObstetricsMedical Negligence and Clinical Risk and Modern Tort Law, now in its seventh edition.

In 1987 she established the LLM (Legal Aspects of Medical Practice) degree, unique within the United Kingdom, which has maintained interest from students worldwide. Now enjoying partial retirement from Cardiff University, Vivienne serves as Vice Chair of Cwm Taf University Health Board where her authority lies in the maintenance of Primary Care, Community Care and Mental Health Services, where she has been Chair of Powys Teaching Health Board since 2014.

Alongside Vivienne’s impressive credentials, the Annual Consent Review also contains a preface from Simon Parsons; a Technical Director of EIDO Healthcare and Consultant General and Upper GI Surgeon. In recruiting both medico-legal experts and EIDO specialists to assist with the creation of the second edition of the Annual Consent Review, EIDO Healthcare is providing clinicians and surgeons with a well-informed and current review on the best ways in which to satisfy their patients and achieve experience excellence.

The 2nd edition of EIDO Healthcare’s Annual Consent Review can be downloaded from the EIDO Healthcare website.

The first edition is still available for download at this link.