The principle of informed consent is a cornerstone of medical ethics and legal practice, safeguarding patient autonomy and the right to make informed decisions about their own healthcare. When this principle is violated, the consequences can be devastating, leading to physical, emotional, and financial hardship. In such cases, understanding the types of compensation available can be crucial for those seeking redress. We will also highlight how you can start a medical negligence claim.
Understanding Informed Consent
Informed consent is more than just a signature on a form. It’s a process of communication between a healthcare professional and a patient, ensuring that the patient has a clear understanding of their condition, the proposed treatment, its potential risks and benefits, and any available alternatives. This process empowers patients to make decisions that align with their values and preferences.
The Consequences of Lack of Informed Consent
When informed consent is not obtained, or when it’s obtained in a manner that’s misleading or incomplete, patients may undergo procedures they wouldn’t have otherwise agreed to, or they may be unaware of the risks they’re undertaking. This can result in a range of adverse outcomes, from physical complications to psychological distress.
Types of Damages in Lack of Informed Consent Cases
If you’ve suffered harm due to a lack of informed consent, you may be entitled to several types of compensation. These damages aim to address both the economic and non-economic losses you’ve incurred.
Compensatory Damages
Compensatory damages are intended to make you “whole” again, as far as possible, by compensating you for the actual losses you’ve suffered. These can include:
- Medical Expenses: This covers the cost of any additional medical treatment you require due to the harm caused by the lack of informed consent. It can include hospital stays, surgeries, medications, rehabilitation, and any ongoing care you may need.
- Lost Wages: If your injury has prevented you from working, you can claim compensation for the income you’ve lost. This can include both past and future lost earnings, depending on the severity of your injury and its impact on your ability to work.
- Loss of Earning Capacity: If your injury has permanently affected your ability to earn a living, you may be entitled to compensation for the reduction in your earning potential. This is calculated based on your age, occupation, skills, and the expected impact of your injury on your future career prospects.
- Pain and Suffering: This encompasses the physical and emotional pain you’ve experienced as a result of the injury. It’s a non-economic loss that’s difficult to quantify, but it’s an important component of compensation in many cases.
- Loss of Consortium: In some cases, the injury may affect your relationship with your spouse or partner. This can include loss of companionship, affection, sexual relations, or the ability to perform household duties. If this has occurred, you or your spouse may be able to claim compensation for loss of consortium.
Punitive Damages
In rare cases, where the healthcare professional’s conduct was particularly egregious or reckless, punitive damages may be awarded. These damages are not intended to compensate the victim but to punish the wrongdoer and deter similar conduct in the future.
Factors Affecting Compensation
The amount of compensation you can receive in a lack of informed consent case will depend on several factors, including:
The Severity of Your Injury:
The more severe your injury, the higher the compensation you’re likely to receive. This is because severe injuries often result in higher medical expenses, longer periods of lost wages, and greater pain and suffering.
The Impact on Your Life:
Even a seemingly minor injury can have a significant impact on your life, affecting your ability to work, enjoy hobbies, or maintain relationships. The compensation you receive should reflect the full extent of this impact.
The Strength of Your Case:
The strength of your case will depend on the evidence you can provide to support your claim. This may include medical records, expert testimony, and witness statements. A strong case is more likely to result in a favourable settlement or verdict.
Making a Medical Negligence Claim with National Claims
At National Claims, we understand the devastating impact that medical negligence can have on your life and the lives of your loved ones. Suppose you believe you or a family member have suffered harm due to substandard medical care, such as a misdiagnosis, delayed treatment, surgical errors, or medication mistakes. In that case, we are here to help you seek the justice and compensation you rightfully deserve.
Free Consultation
We recognise that every medical negligence case is unique, and we’re committed to offering you a free, no-obligation consultation to discuss your specific circumstances. During this consultation, we’ll listen attentively to your experience, carefully review your medical records, and assess the potential validity of your claim.
Our team will then connect you with an experienced solicitor from our extensive network who specialises in medical negligence claims. This ensures you receive the expert legal guidance and support necessary to navigate the complexities of the legal process and pursue your case with confidence.
*Customers pay up to 25% (incl. VAT) of the amount recovered towards solicitor costs and if you cancel outside your cooling off period, you may be charged a fee.
Contact us today to speak to one of our claims agents who will be able to help you get started on your claim.
Click below to see why we are one of the most trusted claims management companies in the UK.
We’re proud of our excellent customer reviews
We thrive on delivering exceptional service and ensuring our clients’ satisfaction. Don’t just take our word for it. Check out some of our independent reviews to see what our clients have to say.
Excellent
This firm is excellent, they sorted out my car pay out and injury claim very fast, they always communicate with you all the time.
My accident case was dealt with confidence and with great result of the outcome, especially James kept me informed all the time.
I was very impressed at the way my inquiry was treated. I was listened to attentively and everything I needed to know was explained to me.
