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 filling in our free initial advice form.
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.
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.