Medical consent compensation claims

Medical consent negligence claims

Patients should be involved in decisions relating to their treatment and to be able to make an informed choice about their treatment so that they can give ‘informed consent’.

Doctors must tell a patient what their diagnosis is, what the prognosis is without treatment, and discuss with the patient the nature, purpose, consequences and risks not just of the treatment they are recommending, but also other treatment options.

If you feel that your doctor did not properly explain things to you, that you did not make an informed choice when consenting to treatment and something went wrong, you don’t have to keep quiet about it. We have solicitors who specialise in claims where the patient has not provided informed consent and they can help you find a way forward.

Please note, in certain emergency situations, informed consent may not be required. We can advise you as to whether your situation would be covered by this.

No win, no fee

We work on a no win, no fee basis, so there’s no need to worry about costs. Plus, our specialist solicitors provide an initial free assessment of your claim.

Examples of medical consent negligence claims

The law of informed consent applies to every area of medicine. There are, however, some areas where cases are more commonly seen:

obstetric cases, in particular involving discussions about the mode of delivery (C-section versus vaginal delivery)
spinal surgery
hernia mesh repair surgery

Often these cases are brought on the basis that the specific complication that occurred was not discussed or was under-stated or that other treatment options were not discussed or offered.

How a compensation claim can help

Every case is unique, but the impact of a medical error can be emotionally and physically devastating. A compensation claim can provide security and stability for the future, particularly where there are lasting needs. It could, for example, pay for professional carers, medical treatment, therapies and specialist equipment.

Medical consent claims FAQs

What information should I be given before medical treatment?

Any medical provider must, by law, give you information that’s relevant to your proposed treatment or medical procedure as well as any other treatment options. This is so that you can give ‘informed consent’ and make a decision for yourself whether you want to proceed, based on all the facts.

You should be told:

The diagnosis
The prognosis if the condition is untreated
The options for treatment, including:
- the nature of the treatment (what is involved);
- the risks that you are likely to consider significant of each option; and
- the benefits of each option, including how likely it is that each will be successful

In addition, the doctor must answer any questions which you ask.