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Lack of Informed Consent Cases
Sometimes when patients complain about medical malpractice our initial investigation establishes that whilst the treatment might not have been gold standard it is not sufficiently bad to be negligent. In some of those cases that is because the ‘complication’ that has occurred is ‘a known risk’. In these cases there can sometimes still be a claim because of the lack of informed consent.
With surgery and other invasive procedures consent for medical treatment is vital since otherwise the doctor commits an assault on the patient. However if the doctor has failed to provide the patient beforehand with sufficient information (in particular about the known risks and side effects) then the patient is effectively prevented from coming to a truly informed decision.
In these cases it is necessary to prove that the doctors counselling the patient beforehand did not act in accordance with a responsible and reasonable body of medical opinion. Cases concerning lack of informed consent to treatment require careful analysis of professional guidelines and other publications issued by the Royal Colleges and other health trusts with a view to proving what information must be provided to the patient in order that they can truly give informed consent.
These highly technical claims require specialist advice from experienced lawyers such as Hart Brown to ensure you get the maximum compensation you deserve.
To speak to a specialist medical negligence solicitor who can help you with a lack of informed consent claim or any other type of medical negligence claim contact us today by calling, emailing or filling in our free initial advice form.