What question did this study set out to answer?

To determine the impact of the 2015 Montgomery legal judgment on settled failure-to-inform claims against the National Health Service compared to other malpractice allegations.

March 6, 2020QJMOpen Access

The effect of the Montgomery judgment on settled claims against the National Health Service due to failure to inform before giving consent to treatment

View Full Paper

Ask AI

Bookmark

Authors

DWDavid S WaldGeneral / Preventive / Lipids JBJonathan P. BestwickQueen Mary University of London PKP. KellyHer Majesty's Revenue and Customs

Discussion

Member takes

Implication

Time-series analysis reveals a fourfold rise in settled informed consent claims against the NHS, suggesting legal firms increasingly leverage the Montgomery ruling in medical negligence suits.

Key Points

To determine the impact of the 2015 Montgomery legal judgment on settled failure-to-inform claims against the National Health Service compared to other malpractice allegations.
Acquired data via a Freedom of Information request to NHS Resolution on settled claims between 2005 and 2019 for failure to inform (as a principal or contributory cause) and other causes.
Conducted time-series regression analysis to evaluate and compare annual claim trends before and after the 31 March 2015 judgment.
Settled claims per year for failure to inform increased fourfold overall from 9.8/year before 2015 to 39.5/year after 2015 (P < 0.01).
Claims grew 2.7-fold when failure to inform was the principal cause (7.9/year vs. 21.2/year, P = 0.02) and 9.9-fold when listed as a contributory cause (1.9/year vs. 18.3/year, P < 0.01).
Settled claims attributable to other causes of medical negligence showed no significant change across the same period (334/year vs. 318/year, P = 0.84).

Cite This Study

Wald et al. (2020) studied this question.

synapsesocial.com/papers/6a02ae56bc3ffe278e651a5c https://doi.org/10.1093/qjmed/hcaa082

View Full Paper

Ask AI

Bookmark

Implication

Time-series analysis reveals a fourfold rise in settled informed consent claims against the NHS, suggesting legal firms increasingly leverage the Montgomery ruling in medical negligence suits.

The effect of the Montgomery judgment on settled claims against the National Health Service due to failure to inform before giving consent to treatment

Discussion

Member takes

Implication

Key Points

Cite This Study

The effect of the Montgomery judgment on settled claims against the National Health Service due to failure to inform before giving consent to treatment

Discussion

Member takes

Implication

Key Points

Cite This Study

Also Consider

Also Consider