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DEVO-(WO) MAN? A MOVE IN RESPECT OF PERSONAL SOVEREIGNTY AND DECISION-MAKING IN HEALTH CARE?: Anita Border v Lewisham and Greenwich NHS Trust [2015] EWCA Civ 8

BESWICK, Joanne (2015) DEVO-(WO) MAN? A MOVE IN RESPECT OF PERSONAL SOVEREIGNTY AND DECISION-MAKING IN HEALTH CARE?: Anita Border v Lewisham and Greenwich NHS Trust [2015] EWCA Civ 8. Medical Law Review, 23 (4). pp. 683-693. ISSN 0967-0742

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Abstract or description

This case commentary discusses a recent case concerning the determination of acceptable clinical practice. It critically examines two particular elements of the judgment—the method for the determination of acceptable clinical practice including the impact (if any)of the Bolitho exception. It then moves on to considering the importance of consent as a 1pre-requisite for medical treatment and the interplay of negligence and battery in this
area. It concludes by examining the possibility that the courts in England and Walesmight be entering an era of judicial assertiveness in the regulation of clinical practice.
KEYWORDS: Battery, Bolam test, consent to treatment, clinical negligence, standard of care

Item Type: Article
Faculty: School of Law, Policing and Forensics > Law
Depositing User: Joanne BESWICK
Date Deposited: 13 Oct 2017 10:33
Last Modified: 09 Mar 2018 13:32
URI: http://eprints.staffs.ac.uk/id/eprint/3848

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