Sometimes when patients complain about medical malpractice the treatment might not have been ‘gold standard’ but 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 some of these cases there can still be a claim because of the lack of informed consent.
A claim can be made if a doctor fails to provide you beforehand with sufficient information (in particular about the known risks and side effects) that you are effectively prevented from coming to a truly informed decision.
In these cases it is necessary to prove that the doctor advising you before you have any treatment took reasonable care to ensure that you were aware of any material risks and of any reasonable alternative treatments.
These highly technical claims require specialist advice from experienced experts such as those at Hart Brown to ensure that you get the maximum compensation you deserve.
To speak to a specialist clinical negligence solicitor who can help you with a lack of informed consent claim or any other type of medical negligence claim contact us now by calling, emailing or starting a live chat.
Gerard qualified with a large regional firm in 1991. Since 1995 he has specialised exclusively on claimant personal injury work. More recently he has focused on complex higher value clinical negligence and personal injury claims, achieving seven figure settlements in personal injury cases involving amputation, multiple orthopaedic injuries and head injuries.
His greatest success has been winning the high profile case of Delaney-v-The Secretary of State for Transport where after almost 9 years of litigation involving two Court of Appeal hearings and an application to the Supreme Court he was finally able to establish that the Motor Insurers’ Bureau Agreement was incompatible with EEC law. As a direct result of the decision in this case the agreement has had to be amended to the benefit of many future victims of uninsured drivers.
Gerard is a member of the Law Society’s Personal Injury Panel and he appears in the latest Legal 500 rankings in the fields of personal injury and clinical negligence.
Gerard’s other professional qualifications include a Diplome D’Etudes Juridiques Francaises from Strasbourg University.
What do people say about Gerard?
“I have the highest regard for you and your company.” – Dr Philip Steadman , Consultant Psychiatrist.
“He is a pleasure to work with and always gains the absolute best outcome for those who instruct him. He is highly responsive and he has an eye for detail with a sensible overview of the global issues.” – Colin McDevitt, Barrister, 3 Paper Buildings.
“I think that is an excellent outcome!. You have phenomenal negotiation skills. I work with insurers every day and to say the very least they are a challenge!” – client.
“It has been an unbelievably difficult time over the past few years. The decision to have my leg amputated was not particularly easy, nor was the rehabilitation. To do all of that whilst worrying about my case would have quite simply been overwhelming. Having you there meant that I had none of that worry. I have always known as I was in incredibly good hands and that I had nothing to be concerned about… You have made a unfathomably difficult situation immeasurably easier, and I will be forever grateful to you.” – client.
Mark is an Associate Solicitor specialising in clinical negligence and serious injury claims.
Mark’s role is to investigate allegations of negligence including at inquests to try and get his clients any additional help they may need and to recover for them the compensation they deserve. He guides his clients carefully through the litigation and alternative dispute resolution process always setting out clearly what the options are and which is the best one.
He has over 30 years’ experience of working for both claimants and defendants including working on secondment for a number of insurers dealing with employers’ liability, public liability, product liability and road traffic accident claims. He has over that time recovered substantial damages for his many clients including over £3 million for one of them.
Mark is a Fellow of the Institute of Legal Executives and qualified at the Inns of Court Temple as a solicitor in 2004.
Mark really listens to what his clients want to achieve and will always tries to ‘go the extra mile’ to secure a successful outcome.
What do Mark's clients say?
"...thank you so very much for handling my case and getting me an unexpected outcome even with its complexity! The settlement has afforded me to cut my hours and afford to take early retirement..."
"A huge thank you for all of your guidance and support. Throughout you have been patient, explaining everything, never offering false hope, always approachable. We can now move forward..."
"I just wanted to say a massive thank you to you for all the hard work you have done for me... I really appreciate it and wasn't expecting anywhere near the final figure, all due thanks to you!"
"Thank you for all your efforts in sorting out my personal injury claim... I also thank you for your clear and concise explanation of legal speak which is hard to understand. All of my meetings with you were productive and interesting and you kept me well informed throughout."