AH AGAINST GREATER GLASGOW HEALTH BOARD AND ANOTHER; SR AGAINST JOHNSON AND JOHNSON MEDICAL LTD AND ANOTHER; YT AGAINST SPIRE HEALTHCARE LIMITED AND OTHERS; AND EN AGAINST GREATER GLASGOW HEALTH BOARD AND OTHERS
AH AGAINST GREATER GLASGOW HEALTH BOARD AND ANOTHER; SR AGAINST JOHNSON AND JOHNSON MEDICAL LTD AND ANOTHER; YT AGAINST SPIRE HEALTHCARE LIMITED AND OTHERS; AND EN AGAINST GREATER GLASGOW HEALTH BOARD AND OTHERS [2018] ScotCS CSOH_57 (01 June 2018)
Doctors' duty to advise of risks is limited to risks associated with the procedure and reasonable alternatives as determined by clinical judgment; generic pleadings and lack of specification regarding alternative treatments and doctors' knowledge of risks are insufficient; claims against manufacturers proceed only under Consumer Protection Act 1987; time-bar issues require further factual determination; actions against doctors proceed only on alleged breach of duty to advise of risks, not alternatives.
Source excerpt
- Informed consent
- Duty of care
- Alternative treatments
- Defective medical devices
- Consumer protection act 1987
- Prescription and limitation (scotland) act 1973