Last Updated on May 6, 2025 by tanya

Compensation For Failure To Obtain Informed Consent

 

What is Informed Consent and How To Claim Compensation

 

Compensation for failure to obtain informed consent comes about when a patient is not given all the information ahead of a medical procedure. This could be in hospital or another medical setting. Informed consent is regarded as the cornerstone of ethical medical practice.

Making an informed consent includes information on the proposed course of action, the potential benefits and risks, as well as any reasonable alternative treatments. This is to ensure that you have comprehensive information to make an informed decision with regards to your health.

If you believe that you did not make an informed consent about a medical procedure and suffered harm, you may be able to make a medical negligence claim. First Personal can help you find out more about a clinical negligence claim for compensation.

We partner with highly experienced lawyers who work on a ‘No Win, No Fee’ basis.

 

Informed Consent in a Medical Setting

Before looking at the claims process, it’s good to have a clear understanding about informed consent. For consent to be valid, it must be:

Voluntary: The decision to consent must be made freely and without any undue influence from healthcare professionals.

 

Informed: The patient must receive adequate information in a manner you can understand. This includes:

The nature and purpose of the proposed treatment or procedure.

The risks involved that a reasonable person in the patient’s situation would consider significant.

The benefits of the proposed treatment.

Reasonable alternative treatments available.

The consequences of not undergoing the proposed treatment.

 

Capacity: The patient must have the mental capacity to understand the information provided and to be able to make a decision.

A failure to provide this level of information, or to ensure the consent is given voluntarily and with capacity, can form the basis of a clinical negligence claim if it directly leads to harm.

 

Recognising a Potential Claim for Lack of Informed Consent

Identifying whether your situation may lead to a clinical negligence claim for lack of informed consent depends on the circumstances involved. A claim may be valid if:

• You underwent a medical treatment or procedure without being properly informed of the risks involved.
• If you had been properly informed of the risks, you would not have consented to the treatment.
• As a direct result of undergoing the treatment without informed consent, you suffered harm, injury, or loss.

It’s important to note that simply experiencing a negative outcome from a treatment does not automatically equate to negligence. The focus of a claim for lack of informed consent is on the failure of the healthcare professional to provide adequate information.  This failure then led to you undergoing a treatment you might have otherwise declined, and importantly, that this resulted in harm.

 

Examples of situations that might lead to a claim include:

 

• Not being informed of a significant risk associated with a surgical procedure, which subsequently occurs.
• Being pressured into a treatment without being offered alternative options.
• Not being provided with information about the potential long-term consequences of a treatment.
• Consent being obtained when you lacked the capacity to understand the information.

 

Considering a Clinical Negligence Claim?

If you believe you have a potential claim for lack of informed consent, here are your next steps:

 

Seek Legal Advice:

The first and most important step is to consult with a specialist clinical negligence solicitor. These professionals have the experience to assess your case and advise if it may be valid.

 

Gather Medical Records:

Your medical records are regarded as crucial evidence in a clinical negligence claim. They contain details of your diagnosis, treatment, the information you were provided with, and your consent forms.

You have the right to access your medical records, and your solicitor should be able to help you with this.

 

Document Your Recollection:

Take time to write a detailed account of your interactions with the healthcare professionals involved. Your focus should be on the information you were given (or not given) before consenting to the treatment.

Include dates, names of individuals you spoke with and what was discussed.  A personal record will be valuable when discussing your case with your solicitor and recalling events later in the process.

 

Consider the Impact of the Negligence:

It is critical to detail the harm, injury, or loss you have suffered as a result of the lack of informed consent and the subsequent treatment.

This includes factors such as physical pain, emotional distress, financial losses (such as lost earnings or the cost of additional care). Additionally, you must include any impact on your quality of life caused by this harm.

 

Moving Ahead

Your lawyer will review your case to determine if yor claim for compensation would be successful. This review typically includes your medical records and your account of events.

Many claims are settled out of court through negotiation. Generally, you have three years from the date of the negligent act in which to start a claim. Or, from the date your first became aware that the negligence may have caused your injury.

So, it is advisable to make your claim as early as possible following the negligence. There are exceptions to this rule which includes children under the age of 18, or for individuals lacking mental capacity,

 

Seeking Compensation

The aim of compensation awarded in a successful clinical negligence claim is to put you back in the position you would have been in had the negligence not occurred. This may include:

 

• Pain and Suffering: Compensation for the physical pain and emotional distress you have experienced.
• Financial Losses: Reimbursement for financial losses incurred because of your injury. This may be financial losses, medical expenses, and the cost of care.
• Future Losses: Compensation for ongoing or future losses, such as future medical treatment or loss of earning capacity.

 

A ‘No Win, No Fee’ Claim

If you feel that you or a loved one has suffered an injury or harm due to failure to obtain informed consent, contact our team for help.

We can guide you through the process to get the compensation you deserve. We partner with highly experienced lawyers who work on a ‘No Win, No Fee’ basis. Call us at 0333 358 2345 or contact us online for a free consultation.