Challenging the Comparison in Montgomery Between Patients and ‘Consumers Exercising Choices’

Emily Jackson

Medical Law Review, 2021, vol. 29, issue 4, 595-612

Abstract: In Montgomery v Lanarkshire Health Board, Lords Kerr and Reed referred to the increasing tendency to treat patients ‘as consumers exercising choices’. The question of whether it is helpful to regard patients as consumers is not a new one, but it arises most frequently in discussions about the commercialisation of healthcare. Comparing patients with consumers in relation to informed consent is an interesting development, especially in the light of the growing body of contract and consumer law scholarship which questions the extent to which information disclosures to consumers produce informed choices. If there is evidence that the duties of disclosure which are imposed on retailers, in order to redress the imbalance of knowledge and power in the consumer–retailer relationship, do not always fulfil their intended purpose, might this have any resonance for the duties of disclosure which are imposed upon healthcare professionals?

Keywords: consumers; disclosure; duty of care; informed consent; Montgomery; negligence (search for similar items in EconPapers)
Date: 2021
References: Add references at CitEc
Citations:

Downloads: (external link)
http://hdl.handle.net/10.1093/medlaw/fwab031 (application/pdf)
Access to full text is restricted to subscribers.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:oup:medlaw:v:29:y:2021:i:4:p:595-612.

Access Statistics for this article

Medical Law Review is currently edited by Professor Sara Fovargue and Professor Jose Miola

More articles in Medical Law Review from Oxford University Press
Bibliographic data for series maintained by Oxford University Press ().