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ARTICLE · 11 JULY 2023

Informed Consent: What Is The Test For Reasonable Alternative Or Variant Treatments?

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The Supreme Court in Montgomery imposed (or perhaps clarified) a duty to ensure that any patient is aware of the material risks involved in any recommended treatment.

United KingdomLitigation, Mediation & Arbitration
Aneurin Moloney
Aneurin Moloney

The Supreme Court in Montgomery imposed (or perhaps clarified) a duty to ensure that any patient is aware of the material risks involved in any recommended treatment. They also extended the duty to obtain informed consent to informing the patient of "any reasonable alternative or variant treatments."

In Bilal v St George's University Hospitals NHS Trust [2023] EWCA Civ 605, a question was raised over the meaning of 'reasonable alternative or variant treatments'. Specifically, is 'reasonable' in this context to be judged in the same way as other aspects of medical negligence i.e., the Bolam test? Or is it to be judged from the patient's perspective?

In practical terms, what does a claimant need to prove in order to succeed in a claim based on a reasonable alternative treatment allegation:

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