Description
Need to have Introduction, Background, Fact, Legal Development, Legal Issue and Conclusion. Based on the guidance given.
Need to include Bolam test, Bolitho, Montgomery, reasonable medical body opinion, patient prudent test, informed consent, the increment of litigation, defensive medicine, therapeutic exception, etc. It does help, to discuss HRA ACt 1998, EHCR, Mental Capacity Act 2005 and GMC Guideline on COnsent 2008.
3500 words, including footnotes.
Do write simple and clear.
This case commentary need to discuss all the legal development and journal of medical law review prior to Montgomery case.
You also need to explain on Bolam rules and patient prudent test (definition), shifting from medical paternalism towards patient autonomy increase litigation.
Structure
Part of legal issue is actually comment about the case. It is appreciated if there will be subheading to discuss each topic, for example :
1. Which one is the best? Bolam test or patient prudent test?
The judgement in Montgomery…..
2. Legally informed consent
The judgement in Montgomery case…
However,…
3. Therapeutic exception
4….
