Chapter 6 Key debates

Breach of duty: the standard of care

Topic:

‘Montgomery v Lanarkshire Health Board and the Rights of the Reasonable Patient’

Author:

E. Reid

Viewpoint:

A helpful analysis of the likely impact of the Supreme Court’s recent assertion of patient autonomy.

Source:

(2015) 19(3) Edin LR 360

Topic:

‘State of Fear: Britain’s ‘Compensation Culture’ Reviewed’

Author:

K. Williams

Viewpoint:

Examines the extent to which perceptions about law and legal decision-making have contributed to what may be a misplaced ‘moral panic’ about the existence of a ‘compensation culture’ in Britain.

Source:

(2005) 25 LS 499

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