Mason Institute Webinar Series: The law on consent and reasonable treatment options: examining McCulloch and Montgomery

This presentation explores how the law on consent in relation to medical treatment has developed in Scotland, focusing on the UK Supreme court decisions in McCulloch v Forth Valley Health Board and Montgomery v Lanarkshire Health Board. This will include an examination of how consent has evolved in terms of claims made against healthcare professionals and will explore whether these cases have now changed the legal landscape in terms of pursuing and defending consent claims in clinical negligence.

 

Speaker Bio

Mr Darren Deery is a Partner in the Litigation Team of the Scottish firm, Drummond Miller. He is an accredited specialist in clinical negligence by the Law Society of Scotland, which is his primary area of practice. He is also ranked Band 1 by Chambers UK and recommended by the Legal 500 for Medical Negligence and Personal Injury Law. He has particular expertise in catastrophic birth damage cases and has recovered tens of millions of pounds in compensation to help meet the needs of his clients. He has successfully litigated cases in the All-Scotland Personal Injuries Court, Court of Session and the UK Supreme Court. He has been involved in some of the highest value and most complex medical negligence cases in Scotland in recent years. He has had conduct of a wide variety of cases such as surgical errors, failure to obtain informed consent, delays in diagnosis, and failure to treat.

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