Description

The complex relationship between negligence and autonomy is of increasing theoretical and practical 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 consider whether interference with autonomy should be recognised as a form of damage that grounds a negligence claim. And in the third and final part I consider the tensions that arise out of the interplay between negligence doctrine and patient autonomy in the law of medical non-disclosure.