Informed consent is a cornerstone of medical ethics and UK law. It means that before you agree to any medical treatment or procedure, your healthcare provider must give you clear and comprehensive information about it. This includes the risks, benefits, alternatives, and the option to refuse treatment altogether. If this crucial step is skipped or not performed correctly, and you suffer harm as a result, you could be entitled to claim damages for an informed consent violation.
What constitutes an informed consent violation?
An informed consent violation occurs when a healthcare professional fails to provide adequate information for a patient to make an informed decision about their care. This could involve:
Insufficient information about the risks:
Doctors have a duty to explain all material risks associated with a procedure, even if those risks are rare.
Inadequate explanation of alternatives:
Patients should be made aware of alternative treatment options, including the option of no treatment, with their associated risks and benefits.
Pressure or coercion:
Patients must be free to make their own decisions without feeling pressured or coerced by healthcare professionals.
Lack of capacity:
If a patient lacks the capacity to understand the information provided, consent must be obtained from a legally authorized representative.
What damages can be claimed for informed consent violations?
If you’ve suffered harm due to an informed consent violation, you may be able to claim compensation for various types of damages. These can include:
- Pain and suffering: This compensates for the physical and emotional distress caused by the medical negligence.
- Loss of earnings: If your injuries have prevented you from working, you can claim for past and future loss of income.
- Medical expenses: This covers the costs of any additional medical treatment, rehabilitation, or care needed as a result of the negligence.
- Loss of amenity: This compensates for the impact the injury has had on your quality of life, such as the inability to enjoy hobbies or activities you previously participated in.
In some cases, you may also be able to claim for:
- Future care costs: If you require ongoing care or support, you can claim for the associated costs.
- Adaptations to your home: If your injuries require modifications to your home, you can claim for these expenses.
- Travel expenses: You can claim for the costs of travel to and from medical appointments or treatment.
How to prove an informed consent violation
Proving an informed consent violation involves demonstrating that:
- The healthcare professional failed to provide adequate information about the risks, benefits, and alternatives to the treatment.
- A reasonable person in your position would have made a different decision had they been properly informed.
- You suffered harm as a direct result of the treatment.
Gathering evidence is crucial to support your claim. This may include:
- Medical records: These can provide evidence of the treatment you received and any complications that arose.
- Witness statements: Statements from family, friends, or other healthcare professionals who can corroborate your account of events.
- Expert medical evidence: An independent medical expert can assess your case and provide an opinion on whether the standard of care fell below an acceptable level.
Time limits for making a claim
It’s important to be aware of the time limits for making an informed consent claim. In general, you have three years from the date of the negligence or the date you became aware of the negligence to start legal proceedings. However, there are exceptions to this rule, particularly in cases involving children or individuals who lack mental capacity.
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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