Every year, millions of people are treated by medical professionals all over the country. An important part of this treatment is making sure the patient is fully aware of the risks, benefits, and alternatives, but what happens when there’s a lack of informed consent?
Receiving treatment when you don’t know the real risks or benefits can have life-changing results, and Legal Expert are here to help. If you’d like to learn more about how one of our expert medical negligence solicitors could help you get the justice you deserve, contact us now. Alternatively, you can keep reading to learn everything you need to know about claiming for a lack of informed consent.
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Jump To A Section
- What Is Meant By Informed Consent?
- Can I Make A Lack Of Informed Consent Claim?
- How Much Compensation Can I Get If Informed Consent Was Not Given?
- What Other Damages Can A Consent Negligence Claim Cover?
- How Can I Prove A Lack Of Informed Consent?
- Is There A Time Limit To Bringing A Medical Negligence Consent Claim?
- Will A Consent Claim Impact My Access To Health Services?
- Can A Lack Of Informed Consent Claim Help Improve Others’ Treatment?
- No Win No Fee Lack Of Informed Consent Compensation Claims
- More Information
What Is Meant By Informed Consent?
Informed consent in a medical setting means that the medical professional treating you has adequately advised you of the risks, benefits, and alternatives before starting treatment. According to the NHS, patient consent must be:
- Voluntary: The decision needs to be made by the patient alone, and they can’t consent while under pressure from medical professionals, family, or friends
- Informed: They must be fully informed on what the treatment includes, the potential risks and benefits, available alternatives, and what could happen if they decline treatment
The patient must also have the appropriate capacity needed to give consent. This means that they can understand when their doctor explains something to them, and they can use that information to make an informed decision about their treatment.
Obtaining informed consent for medical treatment is crucial, and receiving any kind of medical treatment without consent can feel incredibly invasive. If you’ve been harmed as a result of a lack of informed consent, contact our expert team today.
Can I Make A Lack Of Informed Consent Claim?
Yes, you can make a lack of informed consent claim as long as you can prove that medical negligence occurred. But what does this term actually mean?
Essentially, medical negligence means that:
- A medical professional owed you a duty of care, which means they need to provide care that meets a minimum standard
- They breached this duty of care by providing substandard treatment
- This resulted in you suffering unnecessary harm
You’re automatically owed a duty of care by any medical professional who treats you, and if they haven’t properly obtained your consent, this is a breach of their duty.
Lack of consent can also cause serious physical and emotional harm. For example, if your doctor doesn’t properly explain available alternatives, you may choose to have your leg amputated unnecessarily, believing it’s the only way to recover.
Am I Able To Claim For Lack Of Informed Consent Against The NHS?
Yes, you’re able to claim for lack of informed consent against the NHS if you meet the above criteria. It doesn’t matter whether you were being treated in an NHS facility, or a private hospital or clinic; the duty of care remains the same.
What If My Doctors Had Me Sign A Consent Form?
You may still be able to claim if your doctors had you sign a consent form. This is because if they and the form did not adequately outline the risks, benefits, or potential alternative treatments, they still have not obtained informed consent.
If you suffered unnecessary harm due to the neglgient actions of a medical professional, you can contact our advisors today to see if you may be eligible for compensation.
How Much Compensation Can I Get If Informed Consent Was Not Given?
The amount of medical negligence compensation you could get will depend on a number of factors, from how severely you were harmed to the financial losses it caused. These are both covered under two separate heads of compensation: General damages and special damages.
General damages cover the harm you’ve suffered as a result of a lack of consent, as well as the effect that it’s had on your day-to-day life. This is also known as loss of amenity.
When this head of compensation is calculated, your solicitor or another professional may use the Judicial College Guidelines (JCG) as a reference. This document outlines a range of illnesses, conditions, and other types of harm, and provides guideline compensation brackets for each one.
Below, you can see a few examples of these brackets. Please keep in mind that these are not guaranteed, and the first entry isn’t a JCG figure.
| Harm | Compensation |
|---|---|
| Multiple severe instances of harm alongside financial losses, like the cost of a mobility aid | Up to £1,000,000+ |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Moderate Brain Damage (i) | £183,190 to £267,340 |
| Paraplegia | £267,340 to £346,890 |
| Kidney Injuries a) | £206,730 to £256,780 |
| Female Reproductive Injuries (a) | £140,210 to £207,260 |
| Above-Knee Amputation of One Leg | £127,930 to £167,760 |
| Loss of One Arm (iii) | £117,360 to £133,810 |
| Chest Injuries (c) | £38,210 to £66,920 |
| One Single Disfiguring Scar Or A Number of Noticeable Laceration Scars to the hands, arms, legs, chest or back | £9,560 to £27,740 |
To learn more about how your compensation settlement may be calculated, you can contact a member of our advisory team.
What Other Damages Can A Consent Negligence Claim Cover?
A lack of informed consent claim can also cover special damages, which can help you recoup financial losses caused by the harm you suffered. For example, this could include the cost of:
- Lost earnings
- Mobility aids
- Private medical care
- Home care equipment
- Home adjustments
- Prescriptions
- Prosthetics
- Counselling and therapy
It’s important to remember that you’ll need evidence of these losses in order to recoup them. This means it can be useful to keep things like relevant receipts, invoices, and payslips.
Our team of advisors are here to help. We understand that the clinical negligence claims process can seem daunting, and our advisors are highly trained to make your free consultation as accessible as possible. Contact us today to get started, or keep reading to learn more.
How Can I Prove A Lack Of Informed Consent?
You’ll need to prove that medical negligence occurred to make a lack of informed consent claim. You can do this by gathering evidence like:
- Photographs of visible harm
- Correspondence with the medical facility, like appointment reminders or consent forms
- The contact details of potential witnesses, like someone who came to your appointments with you
- Your medical records
- The results of scans, X-rays, and blood tests
- Prescriptions
This is where our solicitors can help. With decades of experience in medical negligence claims, our expert solicitors know exactly where to look to find the right evidence for your claim. Get in touch with us today to learn more.
Is There A Time Limit To Bringing A Medical Negligence Consent Claim?
Yes, there is a 3-year time limit for starting a medical negligence consent claim. This time limit is outlined in the Limitation Act 1980, and begins on either the date the negligence occurred, or the date that you realised the harm you suffered was a result of substandard care. This is also known as the date of knowledge.
However, this time limit doesn’t apply to those who are unable to make their own claims. This includes:
- Children under the age of 18: A litigation friend can claim for them at any point up until their 18th birthday. If a claim hasn’t been made by then, they’ll have 3 years from that date to start a claim for themselves.
- Those lacking the needed mental capacity: A litigation friend can claim on their behalf at any point, unless they regain the capacity they need to make their own claim. In such cases, the 3-year time limit will run from this recovery date.
If you’re interested in acting as a litigation friend for a loved one affected by a lack of informed consent, speak to our expert team today.
Will A Consent Claim Impact My Access To Health Services?
No, making a consent claim will not impact your access to health services. Whether or not you decide to make a claim is your decision, and pursuing justice will not make it harder to receive medical treatment when you need it.
Your right to NHS care, or care from a private facility, is not impacted by making a claim. However, if it makes you feel more comfortable, you may be able to request a different care team while proceedings are ongoing.
To learn more about this process, we suggest speaking to a member of our team. They can put your mind at ease about making a medical neglience claim, and can also tell you whether or not you could be eligible for compensation.
Can A Lack Of Informed Consent Claim Help Improve Others’ Treatment?
Yes, making a lack of informed consent claim can help improve the treatment of others. This is because making a claim can draw attention to flaws and hazards within medical settings, potentially making treatment much safer for patients down the line.
If you’d like to know more about how to make a consent-related medical negligence claim, speak to a member of our team today. Alternatively, you can keep reading to find out how one of our expert medical negligence solicitors could help you on a No Win No Fee basis.
No Win No Fee Lack Of Informed Consent Compensation Claims
If you’re interested in making a medical negligence claim, you’ve likely heard the term No Win No Fee before. But what does it actually mean? Our expert solicitors all work on a No Win No Fee basis, which means they provide their services under a Conditional Fee Agreement (CFA).
This type of No Win No Fee contract allows you to work with one of our medical negligence solicitors without having to pay anything for their services:
- Upfront
- As the claim is ongoing
- At all, if your claim fails
And you’ll only pay a success fee if your solicitor helps you secure compensation. This is taken as a small percentage, which your solicitor will make you aware of before the claim starts.
Working with a solicitor can make the claims process feel much less stressful, and our solicitors have already recovered over £90 million worth of compensation for clients up and down the country. They can help you every step of the way, from gathering evidence to negotiating a settlement, giving you the peace of mind you need to focus on your recovery.
Contact Legal Expert
Get in touch with a member of our expert team today by:
- Calling us on 0800 073 8804
- Using the live chat feature
- Contacting us online
More Information
To learn more about making a medical negligence claim:
- Learn how to make a meningitis negligence claim
- Find out how to claim if your cancer was misdiagnosed as adenomyosis
- Get help making a surgical fat transfer negligence claim
Or, to access further resources:
- Get advice for claimants from NHS Resolution
- Search for a registered doctor through the General Medical Council (GMC)
- Make a complaint to the Care Quality Commission (CQC)
Thank you for reading our guide on claiming for lack of informed consent.
