“Does the doctor always know best?”

Instructions:•

• You are required to submit a bibliography for this assessment.
This assignment is assessed and forms 25% of your overall module mark.
• Before writing your essay, you are advised to consult the assessment criteria used for marking. This is available on the Blackboard page ‘Law Assessment (undergraduate)’ under exam and assessment guides.
Please take note of the following information before beginning your assessment
• Summative assessments form part or all of your overall module mark.
• When uploading your essay, please ensure that in the ‘Submission Title’ box, you use your student number. This will ensure complete anonymity during the marking process.
• Do not put your name anywhere on your assessment (unless specifically instructed to do so). Doing so will break your anonymity.
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• If your work is submitted late then you will be subject to late penalties being applied to your final mark.
• Penalties will be applied to over-length work. If your work exceeds the maximum word limit by 1- 300 words, an automatic penalty of 5 marks will be deducted from your essay. If you exceed the word limit by 301 words or more, a further 5 marks will be deducted.
• Full details on penalties can be found in the Assessment Handbook on Blackboard.
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• You must reference any sources cited using OSCOLA.
• Your cover page should include the following information: o Student Number
o Question Number or Title o Total word count

Essay Question:
“Does the doctor always know best?”
Critically discuss the question above, in the context of doctors’ professional standard of care and in light of relevant case law.

Sidenote:
• Please use Introduction, Body Paragraph and Conclusion* format.
• Please use OSCOLA referencing with footnotes.
Additional Resources/Readings:
*These readings may help to further understand the Essay Question*
https://research-information.bris.ac.uk/en/publications/delivering-informed-consent-post-imontgomeryi-implications-for-me

The Changing Face of Pre-Operative Medical Disclosure: Placing the Patient at the Heart of the Matter in Law Quarterly Review Article by Rob Heywood; José Miola
TRUMPING BOLAM: A CRITICAL LEGAL ANALYSIS OF BOLITHO’S “GLOSS” Published online by Cambridge University Press: Rachael Mulheron
Link: https://doi.org/10.1017/S0008197310000826

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