He was unable to use her injured right arm and normal practice would have been to use the left. There was no immediate need to do so but it ensured that staff would be ready should an emergency arise. She was taken to the Emergency Department of Queen Elizabeth Hospital in Woolwich where the duty SHO wanted to put an IV line into her arm. The claimant was a 64 year old woman who had fractured her right humerus. It highlights the importance of considering not only whether a treatment is acceptable but whether the patient has consented at all. Case One: Border v Lewisham and Greenwich NHS Trustīorder v Lewisham and Greenwich NHS Trust was a Court of Appeal decision before Montgomery. This article looks not only at the case of Montgomery but also at some other recent authorities on the law of consent. There have been a number of cases dealing with the law of consent to medical treatment in recent years, the most notable of which was the Supreme Court decision in Montgomery v Lanarkshire Health Board, a case which redefined the legal relationship between doctors and patients.
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