The leading case is Montgomery v Lanarkshire Health Board, which shifted the relevant test for the disclosure of risks to a materiality test. Doctors are under a duty to disclose any material risks to patients in relation to recommended and alternative treatments. Per Montgomery, “[t]he test of materiality is whether, in the circumstances of the particular case, a reasonable person in the patient’s position would be likely to attach significance to the risk, or whether the doctor is or should reasonably be aware that the particular patient would be likely to attach significance to it”. The materiality test is both objective and subjective as it considers the position of the reasonable patient and particular patient respectively. Moreover, the materiality test is qualified by the therapeutic exception whereby doctors can “withhold from the patient information as to a risk if he reasonably considers that its disclosure would be seriously detrimental to the patient’s health” and in “circumstances of