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NICE guideline on shared decision-making between patients and health care professionals in consultation

“A landmark ruling was made in 2015 by the UK Supreme Court following the Montgomery v Lanarkshire case. A new legal standard set out thatadults ‘of sound mind’ are entitled to make informed decisions when giving  or withholding consent to treatment. Consent ‘must be obtained before treatment interfering with bodily integrity is undertaken’, and it should only be gained when patients have shared a decision informed by what is known about the risks, benefits and consequences of all reasonable NHS treatment options. It is the doctor's duty to ‘take reasonable care’ to make  sure patients are ‘aware of any material risks involved in proposed  treatment, and of reasonable alternatives’. A risk is considered ‘material’ if  ‘a reasonable person in the patient’s position would be likely to attach  significance to it, or if the doctor is or should reasonably be aware that their  patient would be likely to attach significance to it’.” NICE, 18th January 2019

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