Hii Chii Kok v (1) Ooi Peng Jin London Lucien; (2) National Cancer Centre: Modifying Montgomery

Austin, Louise V. ORCID: https://orcid.org/0000-0001-6498-1934 2019. Hii Chii Kok v (1) Ooi Peng Jin London Lucien; (2) National Cancer Centre: Modifying Montgomery. Medical Law Review 27 (2) , pp. 339-351. 10.1093/medlaw/fwy044

Preview

PDF - Accepted Post-Print Version Download (182kB) | Preview

Abstract

In Hii Chii Kok v (1) Ooi Peng Jin London Lucien; (2) National Cancer Centre, the Singapore Court of Appeal followed the approach of other Commonwealth jurisdictions by rejecting the application of Bolam as the standard of disclosure in claims concerning informed consent to medical treatment. Instead, the court employed a modified version of the standard of disclosure adopted in Montgomery v Lanarkshire Health Board. While broadly welcomed, Montgomery has been criticised for its lack of clarity on the application of some elements of its disclosure standard. In particular, questions remain as to: what factors should be taken into account within the reasonable and particular patient limbs of the test of materiality; how will the ‘reasonableness’ of alternative treatments be determined; and what is the scope of the therapeutic exception. This case commentary explores how Hii’s analysis of the modified standard offers insights into how those elements of Montgomery could be interpreted in the future.

Item Type:	Article
Date Type:	Published Online
Status:	Published
Schools:	Cardiff Law & Politics
Publisher:	Oxford University Press
ISSN:	0967-0742
Date of First Compliant Deposit:	14 February 2020
Last Modified:	12 Nov 2024 16:45
URI:	https://orca.cardiff.ac.uk/id/eprint/129498

Citation Data

Cited 2 times in Scopus. View in Scopus. Powered By Scopus® Data

Actions (repository staff only)

Edit Item