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NHS Negligence - Failure of Consent

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All medical treatment to adult patients of sound mind requires consent: this is the principle of patient having the right to refuse treatment. Consent is usually implied for most treatments. For surgical treatments consent is expressed; there is a consent form.

Consent has a number of elements. It requires that the patient has capacity – is able to make a decision and understand relevant information. The decision is voulntary. The decision is based on sufficient information.

Claims may be made on failure of consent; it may concern any aspect of consent. Commonly it is the failure to warn; to impart sufficient information so that the patient’s decision is properly informed. The claim may arise where if the patient had been properly informed, the patient’s decision would have been different, and a poor outcome avoided.


If you consider you were not properly consented for your procedure you should contact MEDICAL NEGLIGENCE TEAM on 0800 246 11 22 or complete the form below and we will call you back.

Medical Negligence?

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