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what i want to do in the next 25 minutes or so is just to run through the evolution of the common law or judge made law basis of uh consent how its evolved from berlin in the 1950s to montgomery in the present day so well look at some key cases and really the the take home messages at the end of the presentation are going to be that what we must impart to our patients are the material risks reasonable alternative or variant treatments as appropriate for a reasonable person in the patients position and also that particular patient so going back to 1993 this is a case that i think many of you will have heard of this was a patient with chronic schizophrenia who was institutionalized who had a gangrenous foot and was refusing amputation that was deemed necessary uh as a life-saving measure so in court expert advice was sought from a forensic psychiatrist professor eastman in london and he came up with what you will recognize as defining criteria for capacity so here was an opinion in co
