Blog by Tullip’s lawyer
www.harthanbarrister.com/blog/files/44eca404b30952053e28c53829866deb-5.html
“Montgomery v Lanarkshire [2015] UKSC 11 is the leading authority in relation to consent in English Law. The test is that a doctor is under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any reasonable alternative or variant treatments. The purpose of obtaining informed consent is so that the patient understands the severity of the condition, the advantages and disadvantages of treatment, and the existence of any alternative treatments.
A clinician treating Gender Dysphoria exclusively through the lens of a pathway to transition, excluding alternative treatments and alternative diagnoses, would likely be in breach of their clinical responsibilities. The clinician has a duty to contain and consider properly the patients treatment demands. The clinician must retain the capacity to identify red flags and apply the brakes or change direction. Above all else the clinician has a duty to do no harm, to avoid exposing patients to additional risks arising from their intervention.
I am grateful to those detransitioners who have contacted me with a view to bringing a clinical negligence action. They are brave people and I will put my heart and soul into working for them. As for the clinicians who did not dare to be wise and failed to resist being swept along with an ideological tide, well the tide has turned and they may soon need to account for their actions.”