Following our popular interview with James Badenoch QC on the “doctor knows best” rule of evidence in medical negligence cases, we bring you John Whitting QC. In Episode 64 of Law Pod UK, John talks to Rosalind English about the realities of clinical encounters and considers to what extent patients are willing, or in some circumstances even able – to take on board multiple options for their treatment.

Listen to this episode on Audioboom here.

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Citations for cases mentioned in the discussion:

Bolam v Friern Hospital Management Committee [1957] 1 WLR 582

Bolitho v City and Hackney Health Authority [1997] UKHL 46

Montgomery v Lanarkshire Health Board [2015] UKSC 11

A v East Kent Hospitals University NHS Foundation Trust [2015] EWHC 1038 (QB)

Tasmin v Barts Health NHS Trust [2015] EWHC 3135 (QB)

ML v Guys and St Thomas’s ML (A child proceeding by his Litigation Friend SL) v Guy’s and St Thomas’ National Healthcare Foundation Trust [2018] EWHC 2010 (QB)

Cerys Clements (By her mother and litigation friend Julia Geis-Clements) v Imperial College Healthcare NHS Trust [2018] EWHC 2064 (QB)