Montgomery v Lanarkshire Health Board: transforming informed consent

The landmark decision of the Supreme Court in Montgomery v Lanarkshire Health Board has confirmed that a patient’s right to self-determination in treatment decisions triumphs over medical paternalism (1). The practical effect is that patients with full mental capacity must be properly advised about their treatment options and the risks associated with each option so that they can make informed decisions when giving or withholding consent to treatment. In other words, the principles of shared decision making must become the norm.