Material Risk CASES

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Montgomery v Lanarkshire Health Board [2015] UKSC 11

A doctor failed to warn a diabetic mother about the risk of shoulder dystocia. The baby was born with severe disabilities. The Supreme Court ruled doctors must inform patients of all material risks of a treatment and any reasonable alternatives, establishing a patient-centred test for informed consent. Facts The appellant, Mrs Montgomery, was a woman of small stature and a type 1 diabetic. During her pregnancy, it was known that the baby of a diabetic mother is often larger than normal, which carries a 9-10% risk of shoulder dystocia during vaginal delivery (where the baby’s shoulders become stuck after the