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the law on consent in England has changed and ing to a recent publication from the Royal College of Surgeons many doctors are unaware of these changes the Royal College also warns that the NHS faces a dramatic increase in the number of litigation payouts made if they dont make changes to the processes they use to gain consent from patients before surgery the warning comes after a landmark judgment given in a Supreme Court case in 2015 Montgomery versus Lanica Health Board which clarified our understanding of patient consent ing to the NHS litigation authority which handles medical negligence claims on behalf of hospitals NHS Trust in England paid out more than 1.4 billion pounds in claims during 2015 to 2016 the Royal College is concerned that this bill could go up docHubly if hospitals dont take the Montgomery ruling seriously up until now clinical practice in the NHS has considered that it is up to the doctor to decide what risks to communicate to patients the court in the Mon