The Limits of the Duty to Offer Alternative Treatments

The unusual facts of the case tested the very limits of the duty to offer alternative treatments to a patient. The potential for a court finding in the claimant's favour was very clear. There was, in truth, no dispute that they were fully aware of that alternative or variant treatment. And if that were right, the second component of deuce test would therefore have been satisfied. But both parties saw the potential for an adverse finding and it was appropriate to compromise.