Last Updated On 16th February 2026. Lack of informed consent claims arise when medical professionals fail to make you aware of the risks, alternatives and the benefits of a procedure. If you’re not made aware and you suffer harm as a result, this can amount to grounds for compensation.
Receiving medical treatment without knowing of the real risks can give rise to life-altering effects, such as infections, organ damage and psychological harm. Therefore, if you’re interested in the lack of informed consent claims process, our friendly team could help you.
Our advisors at Legal Expert are available 24 hours, 7 days a week to answer questions from people just like you. As part of our services, you could receive a free eligibility assessment to determine the strengths and weaknesses of your case. Following this, you could be connected with one of our No Win No Fee solicitors to start your informed consent claim. Having already gained over £90 million in compensation, our solicitors are ready to pursue the payout you deserve.
4.8 (466 reviews) Key Information
- What is a lack of informed consent? A lack of informed consent is when a healthcare professional fails to inform you of the risks, alternatives and benefits of medical treatment.
- Can I make a lack of informed consent claim? Yes, you could claim if you can demonstrate that you suffered avoidable harm. This must be due to a healthcare professional’s negligence.
- What financial losses could I claim for due to a lack of informed consent? Provided that you have sufficient evidence, you could claim for lost earnings, medical expenses, care costs, home modifications and travel costs you may have experienced.
- What are the long-term impacts of a lack of informed consent for compensation purposes? Suffering harm due to a lack of informed consent can affect mobility, daily functioning, your quality of life and your mental health, all of which may increase the value of your claim.
- How long do I have to start a lack of informed consent claim? Most claims must be started within 3 years. However, there are exceptions to the time limit for minors and those lacking in mental capacity.
What Is Meant By Lack Of 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 demonstrate 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 negligent actions of a medical professional, you can contact our advisors today to see if you may be eligible for compensation.
What Is The Montgomery Test And Why Does It Matter?
The Montgomery Test comes from the landmark Supreme Court ruling in Montgomery v Lanarkshire Health Board [2015] and set the legal standards for what constitutes a lack of informed consent. The case centred on a woman, Nadine Montgomery, who was not informed of the increased risks of delivering her son vaginally with regard to both her small stature and her diabetes. The boy developed cerebral palsy as a result of shoulder dystocia and Montgomery sued for medical negligence.
The Supreme Court ruled in her favour, ruling that doctors are required to inform patients of any material risks of medical procedures and provide reasonable alternatives. A risk is considered material if a reasonable person in the patient’s positions would deem it significant, or, if a doctor is, or should reasonably be aware that the given patient would be likely to give the risk such significance. The most significant consequence of this ruling is that it shifted the consent from something based on medical opinion, to the patient being told whatever they wish to know about a procedure.
To put it bluntly, lack of informed consent cases hinge on whether or not the patient would deem a risk significant, and therefore has the right to be informed of them, irrespective of medical opinion. You can inquire further about how the Montgomery Test will impact your potential claim by speaking to our advisors.
Examples Of Lack Of Informed Consent Medical Negligence
A few examples of how a lack of informed consent may amount to medical negligence have been given here. We’d like to remind you that other scenarios can indeed arise so if your particular circumstances haven’t been discussed, don’t worry, you could still be able to claim.
Possible examples could include:
- A doctor fails to adequately explain the risks of nerve damage during a surgical procedure on your spine and does not provide alternative treatments. You consent for the operation and are left paralysed.
- You were not informed about the side effects of a medication, and the explanation the doctor provided was rushed and unclear. After opting to take the new prescription, you experienced severe side effects, including weight gain and hair loss, which had a major impact on your mental health.
- Despite voicing concerns about the size of your unborn baby, your maternity team brushed off these concerns and informed you that a natural birth would be safe. After an extremely difficult labour, you suffered a significant uterine rupture.
For additional guidance, or a free eligibility check, speak to our advisory team using the details given below.
How Much Compensation Can You Claim For Lack Of Informed Consent?
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.
4.8 (466 reviews) 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 specialist 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:
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Frequently Asked Questions
We’ve provided answers to a few frequently asked questions below. More detailed information, or to learn if you could be eligible to make a medical negligence claim, talk to our advisors via the details given above.
Can I Sue A Doctor For Not Explaining Treatment Risks?
Yes you can sue a doctor for not explaining treatment risks as this constitutes a lack of informed consent. The Montgomery Test relies on whether you, as a patient, would deem a risk significant and therefore have a right to know about any treatment risks.
Do Doctors Have To Explain Alternative Treatments?
No, doctors are not required to explain every possible treatment, but where reasonable alternatives are available, a patient should be informed of this.
Can I Claim If I Would Have Refused Treatment If Risks Were Explained?
Yes you can claim if you would have refused if the risks were explained to you, and you experienced avoidable harm. This point is the key legal issue from the Montgomery case, where the woman would have opted for a C-section if she had known about the risk to both her and her unborn child.
Can Parents Make Informed Consent Claims For Children?
Yes they can, depending on the age and mental capacity of the child. Generally speaking, 16 and 17 year olds can make their own decisions, while parental consent is often obtained for younger children. Courts may overrule those with parental responsibility if treatment is deemed to be in the best interests of the child.
Are NHS And Private Healthcare Providers Both Liable?
Yes both the NHS and private healthcare providers can be held liable for failing to obtain informed consent. The medical practitioners’ duty of care applies regardless of whether you received care from an NHS or private provider.
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.
