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Research Handbook on Medical Consent

New Arrival Research Handbook on Medical Consent

Research Handbook on Medical Consent

Author: Jose Miola; Louise Austin
Publisher: Edward Elgar Publishing
ISBN: 9781803920528
Published In: April 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

Introduction: navigating the complexities of medical consent 1

Louise Austin and José Miola

PART I INFORMED CONSENT AND THE IMPACT OF MONTGOMERY

Mind the (ethico-legal) gap: the relationship between medical law and ethics in informed consent 7

Louise Austin and José Miola

Impact of Montgomery on clinical practice: the use of core information sets 25

Barry G. Main and Jane M. Blazeby

Rogers v Whitaker: much ado about nothing 63

Bernadette Richards

Medical negligence and the duty to advise: a Singapore story 76

Kumaralingam Amirthalingam

The Montgomery mistake 98

Craig Purshouse

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

Healthcare harm and the safety of informed consent 143

Oliver Quick

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