Patient autonomy and consent to treatment: the role of the law?

Abstract

Until recently claims for damages by patients against their doctors were rare in England. Patients who did pursue such claims often found scant sympathy from Her Majesty's judges. The clinical judgment of the medical practitioner was accorded something very like immunity from suit. Since 1980 the pace of medical litigation has quickened dramatically. Patients seem less and less willing to accept without complaint the results of unsuccessful or injurious treatment. They are more and more inclined to question their doctor's judgment. Medical litigation and scrutiny of medical decision making is highly newsworthy in 1987. The practice of medical litigation looks set to become profitable for lawyers. To the cynical oberver all this might look like good news for lawyers and bad news for doctors.