Medical negligence cases involving a lack of informed consent are a serious concern in the UK. When a healthcare professional fails to obtain proper informed consent from a patient before a medical procedure or treatment, it can lead to devastating consequences for the patient. This article aims to shed light on the concept of informed consent, the legal framework surrounding it, the potential repercussions of a lack of informed consent, and the steps one can take if they believe they have been a victim of medical negligence due to not being properly informed. We will also highlight how you can start a medical negligence claim.
Understanding Informed Consent
Informed consent is the cornerstone of ethical medical practice. It refers to the process by which a healthcare professional provides a patient with all the necessary information about a proposed treatment or procedure, including its potential risks, benefits, alternatives, and the likely outcome if no treatment is undertaken. The patient must be given ample opportunity to ask questions and fully understand the information provided before making a voluntary and informed decision about whether or not to proceed with the treatment.
The Legal Framework: Duty of Care and Informed Consent
In the UK, medical professionals have a legal duty of care towards their patients. This duty extends to the obligation to obtain informed consent before any medical intervention. The landmark case of Montgomery v Lanarkshire Health Board (2015) significantly shaped the legal landscape of informed consent. The Supreme Court ruling in this case emphasised that a doctor must take reasonable care to ensure that the patient is aware of any material risks involved in a proposed treatment and of any reasonable alternative or variant treatments.
Consequences of a Lack of Informed Consent
When a healthcare professional fails to obtain informed consent, it can have profound consequences for the patient. The patient may undergo a procedure or treatment they would not have agreed to if they had been fully informed. This can lead to physical harm, emotional distress, financial burdens, and a loss of trust in the medical profession. In some cases, a lack of informed consent can even be considered a form of battery, a criminal offense.
Steps to Take if You Suspect a Lack of Informed Consent
If you believe you or a loved one has been subjected to medical negligence due to a lack of informed consent, it is crucial to seek legal advice promptly. A solicitor specialising in medical negligence can assess your case, gather evidence, and guide you through the legal process. You may be entitled to compensation for the harm you have suffered, including medical expenses, loss of earnings, and pain and suffering.
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. If 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, 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.
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