Lack of informed consent is a legal term that describes a situation where a medical professional fails to provide a patient with all the necessary information they need to make an informed decision about their treatment. This can include risks, benefits, alternatives, and the potential consequences of not having the treatment. If you believe you have been harmed due to lack of informed consent, you may have the right to sue for compensation. We will also highlight how you can start a medical negligence claim.
Understanding Informed Consent in the UK
Informed consent is a fundamental principle of medical ethics and law in the UK. It means that before any medical procedure or treatment, your healthcare provider must provide you with enough information to make an informed decision. This information should include:
- The nature of the procedure or treatment: What is it? How will it be carried out?
- Potential risks and benefits: What are the possible positive and negative outcomes?
- Alternatives: Are there other treatment options available?
- Consequences of not having the treatment: What might happen if you choose not to proceed?
The UK General Medical Council (GMC) provides detailed guidance on informed consent, emphasising that it is a process of shared decision-making between you and your doctor.
When Does Lack of Informed Consent Occur?
Lack of informed consent can occur in various situations, including:
- Failure to disclose risks: If your doctor fails to inform you of significant risks associated with a procedure or treatment, and you experience those risks, this could constitute lack of informed consent.
- Misleading or inaccurate information: If you are provided with incorrect or incomplete information that leads you to make a decision you wouldn’t have otherwise made, this could also be grounds for a claim.
- Pressure or coercion: If you feel pressured or coerced into making a decision without fully understanding the implications, this could be considered lack of informed consent.
Can I Sue for Lack of Informed Consent?
In the UK, if you have suffered harm due to lack of informed consent, you may be able to make a claim for compensation through a medical negligence lawsuit. To succeed in such a claim, you will typically need to prove:
- Duty of care: The medical professional owed you a duty of care.
- Breach of duty: They breached that duty by failing to provide you with adequate information for informed consent.
- Causation: The lack of informed consent directly caused your harm or injury.
It’s important to note that proving these elements can be complex, and it’s advisable to seek legal advice from a specialist medical negligence solicitor.
What Can I Claim Compensation For?
If your claim for lack of informed consent is successful, you may be able to claim compensation for various losses, including:
- Pain and suffering: Compensation for the physical and emotional pain you have endured.
- Loss of earnings: If your injury has affected your ability to work, you can claim for lost income.
- Medical expenses: Reimbursement for any medical treatment or care you have needed due to the injury.
- Care and assistance: If you require help with daily tasks due to your injury, you can claim for the cost of this care.
Time Limits for Making a Claim
In the UK, there is a time limit for bringing a medical negligence claim, typically three years from the date you became aware of the injury or the date of knowledge. It’s crucial to seek legal advice as soon as possible to avoid missing this deadline
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.
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