Medical Negligence and the Duty to Advise

Beyond Autonomy

Kumaralingam Amirthalingam

$180

Hardback

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English

Hart Publishing
18 December 2025

Medical & healthcare law; Torts Law

Series: Hart Studies in Private Law

This book argues that patient autonomy and medical negligence make for strange bedfellows.

The emphasis on autonomy has distorted orthodox negligence principles, contributing to uncertainty and angst amongst healthcare professionals while eroding trust in the doctor-patient relationship.

This work takes the current discourse beyond autonomy – which focuses on the rights of the patient, to agency and shared decision-making – which focus on the relationship between doctor and patient.

The core argument is built on a review of the theoretical foundations of negligence and the philosophical conceptions of autonomy.

Provocatively, this work argues against a rights-based approach to negligence – which can be confrontational – in favour of a human obligations approach, which is collaborative and thus well suited to the doctor-patient relationship.

Drawing on the theoretical analysis, the book identifies doctrinal anomalies in the duty of care, standard of care, causation, and damage. It critically analyses landmark UK Supreme Court cases, including Chester v Afshar, Montgomery v Lanarkshire Health Board, and McCulloch v Forth Valley Health Board, arguing that the law is increasingly detached from the realities of medical practice and reasonable expectations of patients.

Primarily based on UK law, the work also discusses Australian, Canadian, and Singaporean law.

The book is aimed at the medical and legal fraternities as well as students and scholars of tort law.

Doctors and lawyers will gain fresh insights into medical negligence; scholars will find an alternative perspective to orthodoxy with rich material to rethink theory and doctrine in negligence.

By: Kumaralingam Amirthalingam
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 236mm, Width: 158mm, Spine: 22mm
Weight: 520g
ISBN: 9781509937790
ISBN 10: 150993779X
Series: Hart Studies in Private Law
Pages: 256
Publication Date: 18 December 2025
Audience: College/higher education , Primary
Format: Hardback
Publisher's Status: Active

1. Introduction 2. Theoretical Foundations of Negligence 3. Private Law Theories and Medical Negligence 4. Patient Autonomy and the Doctor-Patient Relationship 5. Reconceptualising the Duty of Care 6. Recalibrating the Standard of Care 7. Recasting Causation 8. Reimagining Damage 9. Conclusion

Kumaralingam Amirthalingam is Professor of Law at the National University of Singapore.