“…y, as identified at [87] of the authority, is that it departs from the view taken by the majority in Sidaway v Board of Governors of the Bethlem Royal Hospital [1985] AC 871, namely that the doctor’s duty to advise a patient of the risks of the proposed treatment falls within the scope of the Bolam test. Montgomery develops the con…”
“…ge instead adopted an analysis akin to the ‘old’ law of consent set out in Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital [1985] AC 871 (“Sidaway”) and Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 (“Bolam”), and relied unduly on the evidence of the respondent’s expert gynaecolo…”