The landmark decision of Montgomery established that patients' right to self-determination and autonomy underpins the doctrine of informed consent. However, a growing body of medical research routinely conclude that consent for trisomy screening is less than informed.Consent for trisomy screening is not a 'one-off event': it is a multistage and multifaceted process, requiring the involvement and integration of interprofessional practices across the pathway. However, Mordel exposed systemic frailties and disconnects in terms of the processes for securing parent consent for trisomy screening: a dimension often missed by medico-legal studies in this field.With the recent introduction of non-invasive prenatal testing (NIPT) and additional trisomies (Edwards' and Patau's Syndrome) to the traditional Down's Syndrome screening programme, this has exacerbated existing concerns around parent decision-making and consent for screening. Using empirical methods, this study seeks to delineate parent and professional interests for providing and securing consent for trisomy screening.
The landmark decision of Montgomery has established that the patient's right to self-determination and autonomy underpins the doctrine of informed consent. The case of Mordel threw into question the process of obtaining informed consent and whether it was being sufficiently secured in the context of Down's syndrome screening. This case conveyed a paradigm shift to the role of the midwife and sonographers when obtaining consent for screening and the requisite legal standard of care they owe to expectant parents. However, many key issues remain unanswered from the decision in Mordel, in particular, what steps must healthcare professionals take to discharge their duty of care in the process of securing informed consent from expectant parents for screening.
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