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Research Handbook on Medical Consent

Edited by: Jose Miola, Louise Austin

ISBN13: 9781803920528
To be Published: April 2026
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £230.00





This insightful Research Handbook examines the persistent tensions between medical practitioners and patients in the context of consent. Experts contributors from legal, philosophical and medical fields explore the impact of the Supreme Court’s 2015 decision in Montgomery v Lanarkshire Health Board through a variety of lenses.

Chapters cover the safety dimensions of consent, as well as the role of objective perspectives, autonomy and dignity. They address medical consent in research and innovative treatments in different jurisdictions, focusing on areas where varied interests are not easily resolved, such as abortion, end of life care, mental capacity and the treatment of children and older people. The Research Handbook also highlights the difficulties of applying legal and ethical rules of consent in the setting of Emergency departments.

This is an essential resource for students and academics specialising in health law, philosophy and ethics and for those interested in the tensions of informed medical consent. It is also a beneficial guide for medical and legal practitioners, presenting crucial insights into the practicalities of implementing legal regulations around medical consent.

Subjects:
Medical Law and Bioethics
Contents:
1. Introduction: navigating the complexities of medical consent 1
Louise Austin and José Miola

PART I INFORMED CONSENT AND THE IMPACT OF MONTGOMERY
2. Mind the (ethico-legal) gap: the relationship between medical law and ethics in informed consent 7
Louise Austin and José Miola
3. Impact of Montgomery on clinical practice: the use of core information sets 25
Barry G. Main and Jane M. Blazeby
4. Rogers v Whitaker: much ado about nothing 63
Bernadette Richards
5. Medical negligence and the duty to advise: a Singapore story 76
Kumaralingam Amirthalingam
6. The Montgomery mistake 98
Craig Purshouse
7. Clinical practice guidelines for consent after Montgomery: uneasy bedfellows or a workable partnership? 112
Jo Samanta and Ash Samanta

PART II PERSPECTIVES ON INFORMED CONSENT
8. Healthcare harm and the safety of informed consent 143
Oliver Quick
9. Causation and consent to medical treatment: the risks and benefits of a consent-based approach to causation in negligence 163
Gemma Turton
10. Alternatives to autonomy 185
Charles Foster
11. Medical consent and the broader consent paradigm 200
Tsachi Keren-Paz

PART III NEW AND EXPERIMENTAL TREATMENTS AND PROCEDURES
12. Consent to innovative and experimental treatments from a Singaporean perspective 235
Sumytra Menon
13. Informed consent, English law and implantable medical devices: learning the lessons from the vaginal mesh scandal 247
Jean V. McHale
14. Consent for data and tissue research 266
Angela Ballantyne

PART IV CONSENT AT THE MARGINS
15. British abortion law and the challenges of consent 290
Rachel Arkell and Clare Murphy
16. Adolescent consent to treatment for gender dysphoria in England and Wales 310
Emma Cave
17. Consent in emergency medicine 328
Rebecca Whiticar
18. Informed consent at the end of life 346
Rob Heywood

PART V PROXY CONSENT
19. 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 368
Peta Coulson-Smith and Emma Nottingham
20. The role and influence of social media on medical treatment decisions for critically ill children 394
Neera Bhatia
21. Consent and mental capacity law: a story of (dis)empowerment and medical dominance 412
Beverley Clough and Ruby Reed-Berendt
22. Proxy consent for the elderly: a relational autonomy perspective 442
Roy Gilbar
23. Conclusion: (re)considering consent in medicine – the role of the law, patient autonomy, and consent 459
Sara Fovargue