
165: A duty to offer alternatives? With John Whitting QC
Law Pod UK
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Consent in the Context of a Novel Technique
High court faced with issue of consent in the context of a novel or unusual surgical technique. The claimant's case was that the surgeon had failed to advise said a minimally invasive end scopic technique using a rigid endoscope was a novel technique and not a standard, well tested technique for reception of a brain tumor. And this is an interesting scenaria for several reasons, not least because the issue is not whether the patient was of the choice between surgery and medical treatment. It goes further than that. It explores the extent to which a surgeon has autonomy over how he actually performs at surgery.
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