Informed consent is something that arises frequently in medical negligence claims. Our team are here to help if you feel the risks of your treatment were not outlined properly.
Informed consent is something that arises frequently in clinical negligence claims. Some patients may feel they have undergone a medical procedure they did not need, or that has resulted in an outcome or complication they did not expect. It’s not always mandatory that a patient be told absolutely everything about a proposed treatment. The law only requires that a patient is informed about the risks that are “material” to the treatment that is being recommended. In fact, a doctor can withhold information about a risk from a patient, if they believe that it would be detrimental to the patient’s health to inform them of a risk. But, these scenarios are rare.
What counts as a “material” risk will vary from case to case, but the Courts have defined it as a risk which a patient would attach significance to; if it would potentially affect their decision to have treatment. How this is assessed can be patient-specific and fact-sensitive, but it is still measured against what a reasonable person in those circumstances would consider important to them.
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We carry out many of our claims on a no win, no fee basis. This means there are no upfront costs for you and, provided that you have not misled or acted against the advice that we have given you, no financial risk to you – even if your claim is not successful.
In most instances we will purchase ‘After the Event’ (ATE) insurance on your behalf to cover any legal costs should you not win the case. However, if you have a ‘Before the Event’ (BTE) insurance policy included in your home, car or credit card insurance then we may look to use that insurance to cover the legal costs and an ATE policy should not then be required.
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In general you have three years from the date of negligence or reasonable knowledge of mistreatment by a medical professional causing you harm to bring a medical negligence compensation claim. There are some exceptions to this rule; for instance where the matter involves a child in which case the child has three years from the date of their 18th birthday to bring a claim, therefore expiring on the individual’s 21st birthday.
It is important to speak to our medical negligence solicitors as early as possible to avoid any issues with limitation dates.
