Lack of Consent Medical Negligence Claim *
Medical negligence *, also known as clinical negligence, is a term which is used to describe certain situations where a patient has sustained personal injuries * as a result of an error made by the medical practitioner. Under this term there are many different types of clinical negligence, including lack of consent from a patient prior to carrying out a procedure or treatment. This is the most important part of any procedure and any patient undergoing treatment is required to sign a consent form outlining that they consent to the procedure or treatment which they will receive. Prior to signing this consent form patients must be advised on the nature of the procedure and also any risks which can be associated with this. When this has been done and they have signed a consent form, this is known as ‘informed consent’. In these cases, you may not be entitled to make a claim on this basis.
If you have not given your informed consent and your medical practitioner continues with the procedure despite this, you may be entitled to make a claim *. This claim will be made as a type of medical or clinical negligence. When you give your consent to a medical procedure you are agreeing to certain things associated with this. Your medical practitioner must also inform you of;
- The nature of the procedure
- Risks associated with the treatment
- Alternative treatment or therapy
- Certain risk which the patient asks about
In some cases there are times when a medical practitioner can provide treatment or carry out a procedure without your prior consent. This includes;
If you have been involved in an accident or sustained personal injuries * that require immediate medical attention, a medical practitioner can operate on you without your informed consent if you cannot do this yourself. If your next of kin is present at the time they can also give consent on your behalf. In these circumstances it is presumed that you would consent to this procedure as it could save your life.
If you must undergo compulsory tests and treatment then informed consent is not required as in some cases these tests are legally required to be undertaken.
If it is the case that the patient cannot give informed consent as they are unable to make a rational decision as a result of their condition or illness then a medical practitioner may choose to use their medical judgement to provide you with the required treatment. This also applies for children as they cannot make this decision on their own. A parent or guardian may give consent on their behalf but in certain cases this may not be required.
Types of Lack of Consent Negligence
- The consent form did not outline all the reasonably foreseeable risks associated with the treatment
- The patient did not consent to the procedure, unless in an emergency situation
- There was a higher risk associated with certain complications than was previously stated
- The patient may have received a different procedure than what they originally consented to (Receiving invasive treatment instead of keyhole surgery)
Consequences of Lack of Consent Negligence
- The patient may sustain personal injuries *
- They may undergo surgery which is not required
- Incorrect treatment may be given
- Further treatment and procedures may be required as a result
- Their medical condition may deteriorate
- The original condition may become worse over time
TELL US ABOUT YOUR CASE
To discuss your case in more detail or to find out more information on the claims process, feel free to contact our solicitors on 01 649 9900 or email firstname.lastname@example.org for a confidential discussion.
With over 30 years’ experience, Tracey Solicitors ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.