Lack of Informed Consent
The medical professional responsible for treating you does not just have a responsibility to manage the risks associated with your care, they have a duty to ensure you know and understand these risks. Without knowing this, it is impossible for you to give your informed consent and that can constitute medical negligence.
If you had a scheduled operation, then you should have provided signed consent for the procedure to go ahead. It does not matter whether the procedure was necessary or elective, your surgeon has a legal duty to make sure you are aware of:
- The nature of the process. For example, if you are having surgery will it be keyhole or does it require a large incision which will necessitate a longer recovery time? Will you have a general anaesthetic or heavy sedation, and what are the risks and benefits of both?
- Possible outcomes associated with the treatment. You need to not only know about the desired benefits but also about any other possible outcomes even if the risk of them occurring is low.
- What the alternatives to the proposed treatment are, including if you do nothing.
Lack of informed consent compensation may apply if you received incorrect information, such as being told a treatment has a 5% risk of failure when the closer figure is more like 15%, or if you had a surgery different to that which you agreed to.
A doctor does not have to divulge every single risk relating to treatment, but they do need to honestly answer your questions to the best of their ability and give you all information you should reasonably expect.
Claiming Compensation for Lack of Informed Consent
Solicitors at The Medical Negligence Experts have the relevant experience and knowledge to help you successfully claim compensation if you have been a victim of medical negligence. As the claimant, you need to prove that your doctor was remiss in ensuring you could provide informed consent and, that had you had all the appropriate information, you would not have agreed to proceed.
We firmly believe that top quality legal advice and representation should be accessible to everyone who needs it, not only those who have the available funds to pay up front for it. That’s why we handle the majority of our medical negligence claims on a no win no fee* basis. We also offer a free, no obligation consultation with a legal advisor so you can find out about the claims process and decide what is the best course of action for you and your family.
Getting More Information
Proving negligence is not always easy, and we always recommend that you seek legal advice at the earliest opportunity. Even if you’re not sure whether you’re going to proceed with a claim, having the right information will help you make the best decision to suit your needs and those of your family or dependents.
Getting more information is as simple as calling our free phone number or completing our contact form. We understand that it’s not always convenient for you to talk about sensitive matters, so we make it possible you to arrange a call at a time that suits you.
Need some help?
Am I eligible?
If you have suffered from medical negligence in the past 3 years, the short answer is yes.
However, medical negligence can be complicated, so we recommend that you speak with one of our expert solicitors - It’s Free.
How much could I claim?
As every medical case is different, the amount of compensation paid out can differ. Varying factors lead to the final figure include: Level of negligence, earnings missed out on, future losses and more.
Our experienced team of experts will give you an indication of how much you could potentially claim.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent as possible.
Your solicitor will gather all the evidence and will notify the negligent party of your claim against them. With your dedicated solicitor negotiating on your behalf, you will be kept up to date every step of the way.
Why should you use us?
No Win No Fee
We offer a No Win No Fee* service on all our claims - We assess each claim on its merits with the information provided, which aids us to determine its likely success rate. This takes the risk away from you.
Our experienced solicitors are experts in securing compensation no matter the level of negligence.
We are committed to securing the best possible outcome for you, while providing friendly support every step of the way.
Personal Dedicated Solicitors
On contact, you will be allocated your own expert Medical Negligence solicitor who will be there every step of the way. You will be provided with a direct phone number and direct email address of your solicitor.
Expert clinical negligence solicitors working for you
We specialise in helping victims of medical negligence claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your case, you don’t pay! Once you make contact, your experienced solicitor will work to recover the maximum compensation you are entitled to.
Whether you are ready to make a medical negligence claim, or you would just like a free conversation with a legal professional, we have experts on hand to give you all the information you need. Take the first step to getting what you deserve by filling in our quick contact form and we will call you back whenever suits you.