University of Leicester
Browse

Correia, Diamond and the Chester Exception: Vindicating Patient Autonomy?

Download (236.24 kB)
journal contribution
posted on 2025-02-06, 10:54 authored by Louise Austin
In Chester v Afshar [2004], the House of Lords stated they were departing from the traditional rules of causation in order to vindicate the patient's right of autonomy. Subsequent judgments in the Court of Appeal expressed concerns over the lack of clarity of the legal principles to be derived from that judgment. In Correia v University Hospital of North Staffordshire NHS Trust [2017] and Diamond v Royal Devon and Exeter NHS Foundation Trust [2019], however, the Court of Appeal sought to clarify the scope and limits of Chester. This commentary sets out the scope and limits of Chester in light of those judgments and considers the extent to which they can be said to be vindicating patient autonomy. Drawing upon Coggon's typology of autonomy, it concludes that future judgments should utilise that typology to explicate which understanding of autonomy they are seeking to protect.

Funding

Economic and Social Research Council (Award Ref: 1653376)

History

Citation

Louise Austin, Correia, Diamond and the Chester Exception: Vindicating Patient Autonomy?, Medical Law Review, Volume 29, Issue 3, Summer 2021, Pages 547–561, https://doi.org/10.1093/medlaw/fwab016

Author affiliation

College of Social Sci Arts and Humanities College of Social Sci Arts and Humanities/Leicester Law School

Version

  • VoR (Version of Record)

Published in

Medical law review

Volume

29

Issue

3

Pagination

547 - 561

Publisher

Oxford University Press (OUP)

issn

0967-0742

eissn

1464-3790

Copyright date

2021

Available date

2025-02-06

Spatial coverage

England

Language

eng

Deposited by

Mrs Louise Austin

Deposit date

2024-02-17

Rights Retention Statement

  • No

Usage metrics

    University of Leicester Publications

    Categories

    No categories selected

    Licence

    Exports

    RefWorks
    BibTeX
    Ref. manager
    Endnote
    DataCite
    NLM
    DC