Compensation Claims Arising Out of Lack of Informed Consent
All medical professionals take responsibility for managing your care and treating you responsibly. They also have a duty of care to explain any risks arising out of recommended treatment or decisions and make sure you understand them completely. If they do not do this, it is impossible for you to give your informed consent and that can result in a claim for medical negligence. If you have ever undergone an operation or have one scheduled then you should have legally signed the consent form for the procedure to take place. Your doctor or surgeon is required by law to make sure you’re aware of certain risks.
What You Should Be Informed About Before Giving Consent
The Nature and Process of the Surgery or Procedure - Your surgeon or doctor should make you aware before you undergo your procedure and what's involved, such as; will you have a local or general anaesthetic. How long will you take to recover? Do you need open or keyhole surgery? You should also be advised on both the risks and benefits associated with the operation as well.
Possible Outcomes - You must be informed of the outcome of any surgeries or treatments, whether it be positive or negative; each is equally as important as the other.
Alternative Treatments - You must be made aware of any alternative options available to you, for example are there any other less invasive treatments that could be considered?
Importance of Doctors Being Honest With You
There are many scenarios where a lack of informed consent could result in a claim for compensation, such as not being informed of the risk of failure of the treatment, or if the surgery carried out was not the one you agreed to. It is impossible for your doctor or surgeon to go over every single risk, but there is key information that they must share with you and a failure to do so can result in a claim for medical negligence.
If the patient is not mentally capable of providing consent then it is vital the appropriate family member or authorities are approached to provide this on their behalf.
Proving negligence regarding a lack of informed consent is not always simple and straightforward, but we recommend seeking legal advice as soon as possible. You may be unsure if you have all the necessary information to bring a successful legal claim. But we can advise you on this so that you can make a decision regarding whether this is something you wish to pursue.
Are You Eligible To Claim?
Did you suffer an injury in the last three years due to a medical professional’s negligence? If the answer is YES you should contact us and we can advise you on your potential claim and offer a “no win, no fee” agreement to pursue this.
How Much Can I Claim?
Every claim is different and so is every individual injury and therefore the amount of compensation received by each claimant varies. The value of the claim depends on how bad your injury was, including factors such as loss of earnings suffered, the amount of other financial losses incurred, any future treatment and losses that are likely to arise.. When making a new claim we understand the process can be daunting and feel overwhelming but here at Armstrong Foulkes we pride ourselves on offering a personal approach and making sure the process is as clear as possible, ensuring you feel supported, that you are always aware of what steps are being taken and what happens next in your claim.