Lack of Informed Consent Claim
If you did not provide consent, or your consent was not fully informed before receiving treatment, you may have a medical negligence claim if you were harmed as a result.
In this article, our medical negligence solicitors explain the meaning of informed consent and the process involved in making a compensation claim.
When is consent to treatment necessary?
Before any non-emergency medical treatment, healthcare professionals must obtain your consent. This includes situations, such as:
- Examinations
- Tests
- Scans
- Medications
- Surgery
Treatment can be administered by a range of professionals, whether at a GP surgery, an NHS or private hospital, or a clinic offering treatments such as cosmetic surgery, laser eye procedures or dental work.
Usually, consent is documented by signing a form. However, even if you signed one, you may still have grounds for making a compensation claim. Consent must be given freely and patients should never feel coerced or misled into agreeing to treatment.
If you believe you or a loved one did not give informed consent for treatment, our medical negligence solicitors are here to discuss the situation and your options with you.
What is informed consent?
Consent must not only be given, it must be informed. For consent to be valid, you must have the mental capacity to understand and agree to the proposed treatment.
Some individuals, such as young children, people with dementia, or patients in an induced coma, may not be able to provide informed consent. In these cases, consent can be given by a next of kin or someone holding a lasting power of attorney for health and welfare decisions.
Disputes over consent can arise and informed consent involves receiving clear information about:
- What the treatment or surgery entails.
- Reasonable alternatives to the proposed treatment.
- The general risks involved, including risks of delaying or refusing treatment.
- Any specific risks related to your health, such as diabetes, pregnancy, or immunosuppression.
Every patient has different views on acceptable risks. That’s why healthcare professionals must take an individualised approach.
Making a claim
To make a successful claim, you must prove three things:
- Duty of care – The healthcare provider had a duty to ensure you received proper care.
- Consent – You did not give informed consent to the treatment.
- Harm – You suffered harm as a result.
Healthcare professionals, whether surgeons, doctors, or cosmetic clinicians, are responsible for obtaining informed consent based on the procedure’s risks and your individual circumstances.
Signing a consent form does not prevent you from making a claim, if you can demonstrate that you were not fully informed before signing.
Examples of harm caused by lack of informed consent may include:
- Undergoing surgery without knowing about non-surgical options.
- Experiencing unexpected complications from surgery without being warned about the potential risks.
Our experienced medical negligence solicitors will gather the evidence needed to support your claim, instruct medical experts, and investigate the actions of the healthcare professional. We will pursue your compensation through negotiation or, if necessary, legal proceedings.
Compensation
Your compensation payment should cover:
- Pain and suffering – The amount will depend on how the lack of informed consent impacted you.
- Financial losses – Such as travel expenses for additional hospital visits, private surgery costs, or loss of income during your recovery.
- Future expenses – This may include necessary adaptations to your home or car.
In more complex cases, where the healthcare provider admits liability, we will seek an interim compensation payment. This will help you cover essential costs while we work towards securing the full compensation you deserve.
We are here to help. Speak to one of our dedicated team today and we’ll arrange a call at a time that suits you.