Research Handbook on Medical Consent

Edited by José Miola and Louise Austin, Leicester Law School,The University of Leicester, UK

• ContentsList of contributors vii1 Introduction: navigating the complexities of medical consent 1Louise Austin and José MiolaPART I INFORMED CONSENT AND THE IMPACT OF MONTGOMERY2 Mind the (ethico-legal) gap: the relationship between medical law and ethics in informed consent 7Louise Austin and José Miola3 Impact of Montgomery on clinical practice: the use of core information sets 25Barry G. Main and Jane M. Blazeby4 Rogers v Whitaker: much ado about nothing 63Bernadette Richards5 Medical negligence and the duty to advise: a Singapore story 76Kumaralingam Amirthalingam6 The Montgomery mistake 98Craig Purshouse7 Clinical practice guidelines for consent after Montgomery: uneasy bedfellows or a workable partnership? 112Jo Samanta and Ash SamantaPART II PERSPECTIVES ON INFORMED CONSENT8 Healthcare harm and the safety of informed consent 143Oliver Quick9 Causation and consent to medical treatment: the risks and benefits of a consent-based approach to causation in negligence 163Gemma Turton10 Alternatives to autonomy 185Charles Foster11 Medical consent and the broader consent paradigm 200Tsachi Keren-PazPART III NEW AND EXPERIMENTAL TREATMENTS AND PROCEDURES12 Consent to innovative and experimental treatments from a Singaporean perspective 235Sumytra Menon13 Informed consent, English law and implantable medical devices: learning the lessons from the vaginal mesh scandal 247Jean V. McHale14 Consent for data and tissue research 266Angela BallantynePART IV CONSENT AT THE MARGINS15 British abortion law and the challenges of consent 290Rachel Arkell and Clare Murphy16 Adolescent consent to treatment for gender dysphoria in England and Wales 310Emma Cave17 Consent in emergency medicine 328Rebecca Whiticar18 Informed consent at the end of life 346Rob HeywoodPART V PROXY CONSENT19 What’s the harm? An analysis of best interests through the lens of harm reduction and relative harm in the context of disagreement in the care of critically ill children 368Peta Coulson-Smith and Emma Nottingham20 The role and influence of social media on medical treatment decisions for critically ill children 394Neera Bhatia21 Consent and mental capacity law: a story of (dis)empowerment and medical dominance 412Beverley Clough and Ruby Reed-Berendt22 Proxy consent for the elderly: a relational autonomy perspective 442Roy Gilbar23 Conclusion: (re)considering consent in medicine – the role of the law, patient autonomy, and consent 459Sara Fovargue

‘The Research Handbook on Medical Consent is a very welcome addition to the literature which sheds new light on perennial issues, such as autonomy, as well as addressing recent legal developments. This rich and international collection will be invaluable to academics, students, healthcare professionals and policy makers alike.’