DEVO-(WO) MAN? A MOVE IN RESPECT OF PERSONAL SOVEREIGNTY AND DECISION-MAKING IN HEALTH CARE? Anita Border v Lewisham and Greenwich NHS Trust [2015] EWCA Civ 8

摘要

This case commentary discusses a recent case concerning the determination of acceptable clinical practice. It critically examines two particular elements of the judgment-the method for the determination of acceptable clinical practice including the impact (if any) of the Bolitho exception. It then moves on to considering the importance of consent as a pre-requisite for medical treatment and the interplay of negligence and battery in this area. It concludes by examining the possibility that the courts in England and Wales might be entering an era of judicial assertiveness in the regulation of clinical practice.