If a clinician didn’t explain the material risks, alternatives, or benefits of a procedure in a way you could understand, you may have a medical negligence claim for lack of informed consent. UK law (the Montgomery ruling) requires tailored, patient-centred discussions—not just a signed form. Act quickly: most claims have a three-year time limit.
What “lack of informed consent” means in UK medical law?
Under the UK Supreme Court’s Montgomery v Lanarkshire Health Board (2015) decision, clinicians must take reasonable care to ensure patients are aware of material risks of a recommended treatment and of any reasonable alternatives. What counts as “material” is judged from the perspective of a reasonable person in the patient’s position, and what this patient would find significant not solely what a body of doctors considers acceptable. A signed consent form, on its own, is not enough.
In practice, valid consent requires clear, tailored communication about risks, benefits, uncertainties, and options, delivered in a way you can understand (for example, with an interpreter or accessible materials where needed).
Do I have a medical negligence claim for lack of informed consent?
You may have a claim if all of the following are broadly true:
- Duty of care: You were treated by an NHS or private healthcare professional.
- Breach: They failed to discuss material risks and reasonable alternatives in a patient-centred way.
- Causation: Had you been properly informed, you would have made a different decision (e.g., chosen an alternative treatment or declined the procedure), and the injury would likely have been avoided.
Courts look beyond forms and check whether the discussion was adequate for you as an individual. Evidence can include clinic letters, consent notes, interpreter records, leaflets given, and witness accounts.
Common scenarios that may justify a claim
- Surgery performed without explaining key risks, likelihoods, and non-surgical options.
- Not discussing reasonable alternatives (e.g., induction vs caesarean, conservative vs operative care).
- Failing to adapt consent for capacity, language, disability, or learning needs (including use of interpreters).
- Proceeding when the patient lacked capacity and best-interests safeguards were not followed.
- Obtaining signatures on the day, without prior counselling time to reflect or ask questions. (Guidance stresses meaningful discussion rather than form-signing.)
Time limits: how long do I have to claim?
In most cases, the limitation period is three years from the date of the negligence or from your date of knowledge (when you first realised negligence may have caused your injury)—whichever is later. For children, the clock usually runs from their 18th birthday. Courts can extend limits in certain circumstances, and separate rules apply for those who lack mental capacity. Act promptly to protect your position.
What can I claim? General damages & special damages
Compensation usually has two parts:
- General damages for pain, suffering, and loss of amenity, guided by the Judicial College Guidelines (JCG)—latest 17th edition (2024).
- Special damages for financial losses: lost earnings, care, travel, therapies, equipment, adaptations, and ongoing treatment.
Research and legal commentary confirm the 17th edition uplifted many brackets to reflect recent inflation. Figures below are illustrative JCG ranges for injuries commonly seen where consent failures cause avoidable harm. Your case may be higher or lower depending on severity and prognosis.
Indicative compensation ranges (JCG 17th ed., England & Wales)
| Injury (example where consent failure led to harm) | Guide to general damages* |
|---|---|
| Very severe brain injury (e.g., catastrophic hypoxia during delivery) | £344,150 – £493,000 |
| Moderately severe brain injury (serious disability; care needs) | £267,340 – £346,890 |
| Severe psychiatric injury / PTSD (enduring disability) | Up to ~£183,050 (psychiatric harm in sexual/physical abuse context now uplifted) |
| Serious spinal injury (functional impairment; life impact varies) | Wide range; severe cases overlap £200,000+ |
| Serious gynaecological injury (e.g., infertility following procedure) | Often five- to low six-figure ranges, case-specific |
*General damages only; special damages (care, earnings, treatment) can significantly increase total awards.
Sources indicate very severe brain injury brackets at £344,150–£493,000, and confirm 2024 bracket increases (including material uplifts for psychiatric harm related to abuse). Always rely on a bespoke assessment for your particular prognosis.
Evidence that strengthens consent-based claims
- Medical records & consent forms (including versions and timings).
- Clinic letters explaining options, risks, and follow-up.
- Interpreter/communication evidence (translated leaflets, accessible formats).
- Witness statements from family/friends at consultations.
- Expert medical opinion on what risks/alternatives should have been discussed.
- Journals/diaries noting symptoms, functional impact, and decision-making timeline.
Experts recommend capturing contemporaneous notes and obtaining your complete records early to avoid gaps. National Claims can coordinate this and arrange the right experts.
The National Claims process
Step 1 – Free initial assessment. We listen to what happened, your injuries, and what you were (and were not) told.
Step 2 – Evidence & experts. We obtain records, consent materials, and independent medical opinions to assess breach and causation in line with Montgomery.
Step 3 – Valuation. We use the latest JCG 17th edition for general damages and build robust special damages for lost income, care, rehabilitation and future needs.
Step 4 – Resolution. Many claims settle out of court; if proceedings are needed, we’ll connect you with experienced solicitors to progress your case while you focus on recovery.
Frequently asked questions
1. I signed a consent form can I still claim?
Yes. The law focuses on the quality of the discussion and whether material risks and alternatives were explained in a way you understood. A signature alone does not prove informed consent.
2. Does verbal consent count?
Yes—consent can be verbal or written—but clinicians must provide sufficient information to enable an informed choice and should record the discussion.
3. What if I lacked capacity at the time?
Different rules apply under the Mental Capacity Act; decisions should be made in your best interests with appropriate safeguards. If those were not followed, you may still claim.
4. Are there different rules for children and young people?
Yes. Capacity is assessed case by case. Parents or those with parental responsibility can often consent, but clinicians must still explain material risks and options.
5. How long do I have?
Usually three years from the negligence or date of knowledge; for children, typically from age 18. Seek advice quickly.
Practical next steps (checklist)
- Write down what you recall being told (and not told) before consenting.
- Request your medical records and any leaflets provided.
- List the impacts on work, care, independence, and wellbeing.
- Keep receipts for expenses (travel, treatment, aids).
- Contact National Claims for a free assessment and clear plan.
Why choose National Claims?
- Specialist support with consent-based medical negligence.
- Clear communication and regular updates—no legal jargon.
- Focus on your recovery: we help signpost rehabilitation and interim support where appropriate.
Internal links (helpful next reads):
- Medical Negligence Claims – What You Need to Know
- Brain Injury Claims: Guide to Payouts & Rehab
- Accident at Work: Claim Process & Evidence Guide
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About National Claims
This article was written by the National Claims content team. Our specialists have years of experience helping people across the UK with personal injury, road traffic accident, and housing disrepair claims. We work alongside regulated solicitors to ensure our information is accurate, up-to-date, and genuinely useful for anyone seeking to understand their rights after an accident.
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