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This analysis evaluates the implications of the Montgomery case for healthcare professionals and their advisers, aiming to develop a practical guide.

June 13, 2026Medical Law ReviewOpen Access

Ten years on: a ‘ Montgomery map’ for healthcare professionals in the United Kingdom and Beyond

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Ten years after Montgomery, the analysis offers a framework for HCPs on patient risk disclosure, indicating significant legal implications.

This analysis evaluates the implications of the Montgomery case for healthcare professionals and their advisers, aiming to develop a practical guide.
Review of significant case law over the past decade related to patient risk and informed consent.
Analysis of the Bolam test and its application in the consultation phase.
Proposal of a multi-factorial framework for assessing material risks that need disclosure.
The Bolam test remains significantly influential in assessing breach of duty during the consultation phase.
Montgomery and McCulloch cases are compatible in understanding patient risk disclosure obligations.
A detailed framework for defining a 'material' risk offers clearer guidelines for healthcare professionals.

Rachael P Mulheron (2026) studied this question.

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Ten years after Montgomery, the analysis offers a framework for HCPs on patient risk disclosure, indicating significant legal implications.