Correia, Diamond and the Chester Exception: vindicating patient autonomy?

Austin, Louise ORCID: https://orcid.org/0000-0001-6498-1934 2021. Correia, Diamond and the Chester Exception: vindicating patient autonomy? Medical Law Review 29 (3) , pp. 547-561. 10.1093/medlaw/fwab016

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Abstract

In Chester v Afshar [2004], the House of Lords stated they were departing from the traditional rules of causation in order to vindicate the patient’s right of autonomy. Subsequent judgments in the Court of Appeal expressed concerns over the lack of clarity of the legal principles to be derived from that judgment. In Correia v University Hospital of North Staffordshire NHS Trust [2017] and Diamond v Royal Devon and Exeter NHS Foundation Trust [2019], however, the Court of Appeal sought to clarify the scope and limits of Chester. This commentary sets out the scope and limits of Chester in light of those judgments and considers the extent to which they can be said to be vindicating patient autonomy. Drawing upon Coggon’s typology of autonomy, it concludes that future judgments should utilise that typology to explicate which understanding of autonomy they are seeking to protect.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Additional Information:	This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creati�vecommons.org/licenses/by/4.0/)
Publisher:	Oxford University Press
ISSN:	0967-0742
Funders:	Economic and Social Research Council
Date of First Compliant Deposit:	3 June 2021
Date of Acceptance:	1 June 2021
Last Modified:	06 Jan 2024 02:13
URI:	https://orca.cardiff.ac.uk/id/eprint/141669

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