Failure to Obtain Consent

When you seek advice from a doctor about a medical condition, you trust them to give you all the information you need to make an informed decision about any future treatment

It is very important that doctors take a collaborative approach with their patients to ensure that full informed consent is given. 

If you have had surgery and something unexpected has happened that you were not advised about when the risks were discussed, this can be devastating. We can help you to discover if you gave consent and if you were informed of the risks and complications associated with your surgery. If you weren’t, we can help you to decide if you would like to make a claim for medical negligence.

What is consent?

When you undertake any medical procedure you are usually (but not always) asked to sign a consent form. This form indicates that you understand the risks involved and that you accept the risks. Consent does not have to be given in writing, verbal consent is usually perfectly adequate.

Before any medical procedure, your treating doctor should inform you of any risks of that procedure that you (not the doctor) might consider as ‘material’ or ‘significant’. This will vary from one person to another. For example, the risks, however minimal, of having straight-forward surgery on one’s hand are going to be of greater concern to a concert pianist than a professional footballer.

You should be allowed enough time to be able to make a decision about the surgery you are going to have. Obviously if it is an emergency situation, there may not be days available for you to consider your options, but this opportunity to have time to consider your options is clearly laid out in judgements made by the court in the past.

Making a medical negligence claim
We have many years of experience in the medical negligence field and can help you to gain clarity around what has happened to you and the possibility of being able to make a claim for compensation.

We’ll take time to get to know you and to understand your situation and give you clear and easy to understand advice about where you stand legally. Your first visit to us is always free and you will be under no obligation to make a claim. We will discuss in detail your situation and talk to you about the options open to you for funding your claim, including a no win, no fee agreement.

For more information or to speak to one of our friendly team for your free initial consultation, please call 0117 239 8012 or complete our online enquiry form.

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