AH v Greater Glasgow Health Board and another; SR v Johnson & Johnson Medical Ltd and another; YT v Spire Healthcare Ltd and others; EN v Greater Glasgow Health Board and others

Medical negligence – Defective product – Consent to treatment – Time bar. Court of Session: Following a procedure roll debate in four actions which arose out of the use of vaginal mesh products in treatment of the pursuers, all four pursuers alleging that the treating doctors failed in their duty of care by failing to advise them of the risks inherent in the use of the pelvic mesh product and of reasonable alternatives, the court held, inter alia, that what was reasonable was not, as the pursuers argued, to be determined by reference to what a patient might find reasonable after a full discussion of all the treatments, whether or not those were available, but rather, as the doctors contended, the range of alternatives was those that the doctor considered reasonable, exercising his or her skill and expertise as a reasonably competent doctor, and which were available; court also held that two of the actions were time barred.

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