The importance of informed consent for patients and claims for medical negligence

Many people undergoing major surgery just want to get the whole procedure over with so that they can return home happy and healthy. They may consider that there could be potential side effects, but the benefits usually outweigh these heavily. What many people don’t realise, though, is that when a patient goes ahead with a surgical procedure they are required to sign a consent form which states that they understand and accept the potential risks associated with surgery. This is known as informed consent, and is a very important part of any surgical procedure.

Giving your consent to a medical procedure means

The process requires the medical professional to explain all of the risks or potential side effects clearly, including all associated future problems. He or she will then require you to give your consent for the procedure to occur. Giving your consent and acceptance of possible side effects does not, however, cover any effects you might be on the receiving end of due to medical negligence on the part of a practitioner or because of any mistakes made by anybody involved. Although you may be fobbed off with the excuse, informed consent does not excuse medical malpractice or clinical negligence.

Failure to get informed consent – grounds for a medical negligence claim

Intriguingly, a number of people are not properly informed of the risks associated with their surgical procedures at all, and some are not even informed at all. In these cases, the failure to obtain proper informed consent is considered to be medical negligence in itself and can be the sole grounds for launching a medical negligence claim against the practitioner. This can often be serious enough, but in cases where you’ve suffered pain or injury or had to live with side effects, having not been warned of the possibilities, you may well feel a sense of injustice and want to seek some form of retribution for the way you have been treated.

Here at Solicitors Bonallack and Bishop, we specialise in dealing with all forms of medical negligence claims. Cases involving the failure to get proper informed consent from a patient undergoing surgery are, unfortunately, not as unusual as you might think. If you think you may have been affected by issues surrounding informed consent and you have suffered loss, injury or pain as a result of it, you could well have a case for claiming medical negligence and receiving substantial damages in the form of financial compensation.

Your medical negligence claim – make sure you appoint a specialist solicitor

In the first instance, you should contact an experienced and specialist medical negligence solicitor who will be able to assess your situation and see whether or not there might be a case for claiming medical negligence. The solicitor will also guide you through the process, ensuring that you’re comfortably informed at all times and can rest assured that your case is being dealt with seriously. Should the matter go to court, your solicitor will also be able to guide you through the process and handle your case in a way which you would expect of a professional. You shouldn’t need to feel cheated or mistreated if you’ve been the victim of medical negligence — you need only call us, and we’ll help you get the justice you deserve.

Failure to get informed consent for medical procedure? Thinking of making a medical negligence claim – contact us now

Our team have the necessary expertise to recover the full and fair amount of compensation and will also be able to treat your medical negligence claim with sensitivity.

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