Over-Egging Medical Evidence: Cautionary Tales of Contempt



Diarise Tuesday 10 November 2015 to hear His Honour Judge Melville QC. speak at 18h30 at a joint DEMLA / DEMS meeting Foot Anstey, Southernhay Gardens, Exeter.

Event is accredited for Medical and Legal CPD.

To book click on events or email events@demla.org

Buffet from 17h30. Free to DEMLA members


Jonathan O’Neill

The End of Medical Paternalism

An adult person of sound mind is entitled to decide which, if any, of the available forms of treatment to undergo, and her consent must be obtained before treatment interfering with her bodily integrity is undertaken. The doctor is therefore under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any reasonable alternative or variant treatments. The test of materiality is whether, in the circumstances of the particular case, a reasonable person in the patient’s position would be likely to attach significance to the risk, or the doctor is or should reasonably be aware that the particular patient would be likely to attach significance to it.’

Montgomery v Lanarkshire Health Board (Scotland) Hilary Term [2015] UKSC 11


In its judgement of the 11 March 2015, the Supreme Court has clearly asserted that the Bolam test is not applicable to issues of consent to medical treatment. A seven-member decision in Montgomery-v-Lanarkshire Health Board [2015] UKSC 11 supersedes prior authorities and is the new leading case on consent.

Diarise 15 October 2015 to hear Jonathan O’Neill from Magdalen Chambers speak at Exeter University on this important judgment that will undoubtedly affect clinical negligence litigation for years to come. The venue is the Constantine Leventis Room Building One, Exeter University, Streatham Dr, Exeter, Devon EX4 4QR.

Event is accredited for Medical and Legal CPD.

To book click on events or email events@demla.org



Ranked as a tier 1 leading junior by the Legal 500, Jonathan O’Neill enjoys a strong practice in the areas of personal injury and clinical negligence. His clients span legal firms of all sizes, local authorities, educational institutions, private medical practices and several international insurance companies. Jonathan’s clinical negligence practice covers all areas of general medical practice and nursing; failed and/or inappropriate surgical intervention; misdiagnosis and delayed diagnosis; mis-medication (including addiction to medication due to negligent management of treatment); inquests; and failures to obtain informed consent. His particular interests include orthopaedics, cosmetic surgery, ophthalmology, dentistry; brain injuries and psychiatric care. He is also experienced in professional negligence claims involving veterinary surgeons. In terms of personal injury work, Jonathan’s experience is broad and typically involves employers’ liability; occupational disease; occupiers’ liability; injuries on the highway; road traffic accidents; Fatal Accidents Act claims; travel and insurance disputes; and product liability. He is a tenant at Magdalen Chambers in Exeter


Constantine Leventis- B1 Second Floor