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Ep. 64: Informed Consent - how much direction do patients actually want?

Law Pod UK

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Does the Materiality Defence Help or Hurt Clenicians and Lawyers in the Field?

In many situations that's absolutely right. But to apply a blanket rule, if you like, which is said to be arising from montgomery, whereby in every scenario a has absolute discretion about what to do, i think goes too far. The concept of the materiality defence help or hinder clenicians and lawyers in the field. Take the royal offering of a cis carrying out a fedal blood transfusion as an example. You could argue why it isn't standard practice - but there are other cases where this makes sense. Without Materiality we would not have been presented with some of these stark problems by omelettes who claim they were misadvised on breast feeding while giving birth.

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