Key Cases in Healthcare Law Explained
Credit: The Supreme Court UK
On this page you will find short films explaining leading cases in healthcare law from the English and Scottish Courts. These films are created to help health professionals and others better understand the law underpinning day to day healthcare practise. They are created for educational and training purposes only and legal advice should be sought if you have legal concerns.
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Understanding UK Courts
To help you understand the legal significance of the judgments featured in this series use the links below for more information about Courts across the United Kingdom.
There are three legal jurisdictions and Court systems in the UK
- England and Wales
- Scotland
- Northern Ireland
Most of the cases featured in this series will be judgments of the UK Supreme Court (or the House of Lords for cases prior to October 2007). The Supreme Court sits above all three of the UK legal jurisdictions (area over which particular courts have power) and binds the Courts below it (meaning the Courts must follow its decisions).
In October 2007 the Supreme Court became the UK’s highest Court, replacing the Appellate Committee of the House of Lords (which consisted of of judges who were also Members of the House of Lords). The Supreme Court has 12 highly experienced judges.
The Court hears appeals on arguable points of law of great public importance, from all of the United Kingdom in civil cases, (cases between individuals or organisations) and from criminal cases from England, Wales and Northern Ireland. It also hears cases on devolution matters under the Scotland Act 1998, the Northern Ireland Act 1998 and the Government of Wales Act 2006, the Acts of the Westminster Parliament which devolved certain powers to the Scottish and Welsh Parliaments and the Northern Irish Assembly.
You can read more generally about the Supreme Court by clicking this LINK and about the types of cases the Supreme Court hears by clicking on this LINK
Key Cases in healthcare law
Montgomery v Lanarkshire Health Board [2015] UKSC 11
This is a leading Supreme Court case on appeal from the Scottish Courts, which considered the extent of a medical professional’s duty to advise as to the risk of a procedure and to provide information on alternatives.
The Supreme Court considered further a medical professional’s duty to advise of alternative treatments in the 2023 case McCulloch and Others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) [2023] UKSC. You can read more about that Judgment in our Autumn 2023 Law, Policy & Ethics Update.
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