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Consent: Shared Decision-Making, Risk, Refusal and Valid Authority

Meaningful dialogue: information, material risk and reasonable alternatives

Materiality cannot be reduced to a standard complication list. The clinician needs to understand the outcomes that matter to the individual, because a low-frequency harm may be decisive for one person and less important to another. This is the practical legacy of Montgomery and is mirrored in GMC guidance requiring clinicians to explore a patient's...

Clinical safety: Use current guidance, local policy and patient-specific judgement.

Learning objectives

• Explain material risk as a patient-centred concept rather than a fixed numerical threshold. • Discuss benefits, harms, uncertainties and reasonable alternatives in balanced language. • Use absolute risks and natural frequencies where numerical information helps. • Distinguish the Montgomery duty to discuss material risk from the McCulloch approach to identifying reasonable alternatives.

Section 1

Start with what matters to the person

Materiality cannot be reduced to a standard complication list. The clinician needs to understand the outcomes that matter to the individual, because a low-frequency harm may be decisive for one person and less important to another. This is the practical legacy of Montgomery and is mirrored in GMC guidance requiring clinicians to explore a patient's needs, values, priorities, wishes and fears.

For example, a small risk of permanent hand dysfunction may carry exceptional significance for a concert pianist or surgeon. The task is not to predict every possible personal concern, but to create a conversation in which the patient can reveal what makes an outcome important.

Section 2

Material risk and Montgomery

The UK Supreme Court in Montgomery moved consent law toward a patient-centred standard. The practical teaching point is that material risk is not defined solely by percentage probability or by what clinicians customarily disclose. Information should include risks that a reasonable person in the patient's position would likely regard as significant and risks the clinician knows, or should reasonably know, this particular patient would consider significant.

This does not mean reciting every conceivable complication. GMC guidance explicitly supports a proportionate, tailored discussion. Serious harms may merit discussion even when unlikely; other harms become material because of the patient's own circumstances.

Section 3

Reasonable alternatives and McCulloch

Montgomery requires discussion of material risks and reasonable alternatives. McCulloch addressed how an alternative is identified as reasonable. The Supreme Court accepted that professional clinical judgment has a role in deciding whether an alternative treatment is a reasonable option in the circumstances, provided that judgment is supported by a responsible body of medical opinion.

The safe teaching message is therefore two-stage: clinicians use professional judgment to identify clinically reasonable options; once options are reasonable, the patient-centred duty of dialogue applies. McCulloch is not permission to hide an option simply because the clinician prefers another one, and it does not require every imaginable treatment to be offered.

Section 4

Communicating numbers without distortion

When numerical risk is useful, absolute numbers and consistent denominators are often easier to interpret than relative risk alone. Saying that a treatment "halves the risk" can sound dramatic; if the risk falls from 2 in 1000 to 1 in 1000, both descriptions are mathematically true but convey different impressions. Give the absolute baseline and treatment risk when reliable estimates exist, and avoid false precision when evidence is uncertain.

Use the same time horizon and denominator when comparing options. Consider natural frequencies (for example, "1 in 100") and explain uncertainty. Visual aids can help, but they should support rather than replace conversation.

Section 5

Uncertainty and limits of information

Patients need honest information about uncertainty in diagnosis, prognosis and treatment effect. If evidence is weak or the clinician is uncertain, say so. If information is not known, distinguish that from information that has simply not been checked. Plans for monitoring and review can be part of the decision when the result of treatment is uncertain.

Withholding important information because it may upset the patient is not an acceptable routine approach. GMC guidance describes withholding on serious-harm grounds as exceptional and recommends legal advice if it is being considered. A patient may also say that they prefer less detail; explore that preference rather than forcing information they do not want while still ensuring a safe decision process.

Section 6

Applied scenarios

Scenario 1

A concert pianist is offered surgery carrying a low-probability risk of permanent finger weakness. That risk may be material because of the person's occupation even if it is uncommon.

Scenario 2

A patient is told a drug "halves the risk" without being told that the absolute risk falls from 2 in 1000 to 1 in 1000. Reframe using absolute numbers and the same denominator.

Scenario 3

A patient asks about an alternative the clinician believes is not a reasonable option. Explain the clinical judgment and reasons; do not simply omit the subject.

Section 7

Practice checklist

  • Find out what outcomes matter most before finalising the risk discussion.
  • Discuss the important benefits, harms, uncertainties and reasonable alternatives, including no treatment/no change where relevant.
  • Use absolute risks and natural frequencies when reliable numerical data are available.
  • Keep denominators and time horizons consistent when comparing options.
  • Explain uncertainty and avoid false precision.
  • If recommending one option, explain why without putting pressure on the patient.

Section 8

Downloadable module reading PDF

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