Negligence and autonomy
The complex relationship between negligence and autonomy is of increasing practical and theoretical interest, as is shown by recent cases such as Montgomery v Lanarkshire Health Board [2015] UKSC 11, Shaw v Kovac [2017] EWCA Civ 1028 and ACB v Thomson Medical Pte Ltd [2017] SGCA 20. My discussion of...
| मुख्य लेखक: | |
|---|---|
| स्वरूप: | Journal article |
| भाषा: | English |
| प्रकाशित: |
National University of Singapore
2022
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| _version_ | 1826311601372790784 |
|---|---|
| author | Nolan, DP |
| author_facet | Nolan, DP |
| author_sort | Nolan, DP |
| collection | OXFORD |
| description | The complex relationship between negligence and autonomy is of increasing practical and theoretical interest, as is shown by recent cases such as Montgomery v Lanarkshire Health Board [2015] UKSC 11, Shaw v Kovac [2017] EWCA Civ 1028 and ACB v Thomson Medical Pte Ltd [2017] SGCA 20. My discussion of this relationship divides into three parts. In the first part, I make some general observations about the relationship between negligence law and autonomy. In the second part, I argue that interference with autonomy per se should not be recognised as a form of damage that grounds a negligence claim, although I acknowledge that it may be useful for the law to recognise specific forms of autonomy loss as damage in this sense. And in the third and final part, I consider the uneasy relationship between negligence doctrine and patient autonomy in the law of liability for medical non-disclosure, and argue that as a result of recent developments, this may no longer be properly described as liability for negligence. |
| first_indexed | 2024-03-07T08:12:10Z |
| format | Journal article |
| id | oxford-uuid:2016b29d-1ebf-4a23-abf5-a8cee0cf5b0d |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-03-07T08:12:10Z |
| publishDate | 2022 |
| publisher | National University of Singapore |
| record_format | dspace |
| spelling | oxford-uuid:2016b29d-1ebf-4a23-abf5-a8cee0cf5b0d2023-12-08T16:22:09ZNegligence and autonomyJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:2016b29d-1ebf-4a23-abf5-a8cee0cf5b0dEnglishSymplectic ElementsNational University of Singapore2022Nolan, DPThe complex relationship between negligence and autonomy is of increasing practical and theoretical interest, as is shown by recent cases such as Montgomery v Lanarkshire Health Board [2015] UKSC 11, Shaw v Kovac [2017] EWCA Civ 1028 and ACB v Thomson Medical Pte Ltd [2017] SGCA 20. My discussion of this relationship divides into three parts. In the first part, I make some general observations about the relationship between negligence law and autonomy. In the second part, I argue that interference with autonomy per se should not be recognised as a form of damage that grounds a negligence claim, although I acknowledge that it may be useful for the law to recognise specific forms of autonomy loss as damage in this sense. And in the third and final part, I consider the uneasy relationship between negligence doctrine and patient autonomy in the law of liability for medical non-disclosure, and argue that as a result of recent developments, this may no longer be properly described as liability for negligence. |
| spellingShingle | Nolan, DP Negligence and autonomy |
| title | Negligence and autonomy |
| title_full | Negligence and autonomy |
| title_fullStr | Negligence and autonomy |
| title_full_unstemmed | Negligence and autonomy |
| title_short | Negligence and autonomy |
| title_sort | negligence and autonomy |
| work_keys_str_mv | AT nolandp negligenceandautonomy |