Consent to medical treatment must be given by a patient before a medical professional begins any procedure. The doctor, nurse or hospital consultant must fully explain what they propose to do during the procedure before seeking consent from the patient.

Treating a patient without their consent is medical negligence. In some cases, it can be argued that treating without consent is what is known as battery.

Doctors and medical staff are fully trained to seek consent and not to proceed without it.

If you or a loved one did not give consent to the medical treatment received, you may have a medical negligence case against the doctor or hospital.

A No Win No Fee medical negligence solicitor will take your case and fight for the compensation you deserve.

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Are you eligible for compensation?

If you want to pursue damages for the negligence you have suffered, we have a simple 3 step process to make sure you get the compensation you deserve.

  • Take our online assessment & speak with our team

  • Our team of doctors will undertake a full medical review based on your medical records

  • We will send a legal letter and our solicitors will pursue your compensation on your behalf

All case reviews are 100% cost and commitment free.

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What is medical consent?

Medical consent is the permission given by you, the patient, to undergo a medical procedure. It is good medical practice to explain fully what a procedure involves so that the patient fully understands what it entails.

It is not enough for a doctor or nurse to tell you that they are about to perform a medical procedure. They must get fully informed and voluntarily given consent to medical treatment first.

Any medical consent given by a patient must be given under the terms:

  • Voluntary
  • Informed
  • Capacity

Voluntary medical consent

Voluntary consent is when the patient willingly gives permission for the procedure to take place. The patient must not be under any pressure from family or friends.

The doctors and medical staff cannot coerce the patient to give consent, regardless of the procedure.

Informed medical consent

Informed consent is when all possible outcomes, side effects and potential negative effects of the medical procedure are explained to the patient. The patient must understand and accept what they are being told before the procedure can continue.

It is not enough for medical professionals to say they are going to do an angioplasty and ask if that is ok with you.

They must explain how and why they are doing it, what the benefits are and what are the dangers of having the angioplasty.

Capacity to consent for medical treatment

Capacity in medical consent involves the patient being able to understand what any procedure involves. The patient can only give informed and voluntary consent when they have the capacity to understand what is happening.

If a patient is unable to give consent, they may have a parent, an appointed guardian or a person with power of attorney to make the decision.

The doctor must seek the appointed person’s permission before proceeding with the medical treatment.

Types of consent to medical treatment claims

Types of consent to medical treatment claims range from the medical staff not seeking consent to not explaining a procedure or going ahead with it, even after permission is refused.

Common types of consent to medical treatment claims are:

  • Not seeking consent for medical treatment
  • The patient did not give consent
  • Risks not fully explained before the procedure
  • Complications not explained that then happen during the procedure
  • Consent was given but not for the actual procedure
  • Dangers of not having procedure not fully explained

Not seeking consent for medical treatment claim

Not seeking consent for medical treatment should never happen. The medical professionals are fully trained and should seek consent for every medical treatment, even simple procedures like taking a blood sample.

The patient did not give consent claim

The patient did not give consent to the medical procedure performed on them, and the doctors carried it out regardless, is a very common medical consent claim.

A patient may have ethical reasons for not wanting a procedure such as a blood transfusion or have life-saving surgery. A woman may not consent to a medical abortion for religious reasons, even if their life is in danger.

For the medical team to not honour the decision to refuse consent is a serious form of medical negligence.

Risks not fully explained before the procedure

Risks not fully explained before the procedure is negligent behaviour under the informed aspect of consent to medical treatment. All sides of the procedure, including the benefits and risks, must be fully explained to the patient.

The patient cannot give a voluntary and fully informed consent to medical treatment if the risks are only partially explained.

Complications not explained that then happen during a procedure claim

Complications not explained that then happen during a procedure is when a potential risk occurs during the medical treatment. If the medical professionals did not inform the patient that the complication could happen, it is medical negligence.

There is a risk of a blood clot forming during an angioplasty. If the risk is not explained when the patient was being informed of complications and they suffer a stroke during the surgery, it is medical negligence.

The dangers of not having procedure not fully explained claim

The dangers of not having a procedure, not fully explained is another form of medical negligence under the informed consent process. The patient must be fully informed of every detail of the medical procedure, both good and bad when seeking consent to medical treatment.

For a patient to discover at a later date that they refused surgery though it would have been of benefit, is medical negligence.

Consent to medical treatment compensation claims come from the patient not being fully informed, not being able to give consent or consent not being given voluntarily

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Who is responsible for lack of consent to medical treatment negligence?

A medical professional is responsible for lack of consent to medical treatment negligence. It is the job of every doctor, nurse, paramedic and hospital consultant to get the patient’s consent before performing a procedure.

There are exceptions, such as when there is an imminent danger to the life of the patient, but the medical staff must make every effort to request and receive consent before proceeding.

It is the patient’s right to choose whether they want to have the medical treatment or would prefer not to have it. Medical ethics and aspects of criminal law insist on consent for medical treatment being given by the patient.

To not seek consent to medical treatment or not respect the patient’s wishes is medical negligence, and you may have a medical negligence compensation claim.

What can you claim for when suing for consent to medical treatment negligence?

You can claim compensation for any damages that occurred, when suing for consent to medical treatment negligence.

There are two types of compensation damages due when suing for any type of medical negligence: General damages and Special damages.

General damages

General damages are when you sue for the pain, suffering and the loss of amenity, PSLA, you have experienced due to negligence.

  • Pain is that above what is normally expected for your procedure
  • Suffering is the inconvenience and changes to your life that cause you discomfort
  • Loss of amenity, PSLA, is any difficulty you have in doing everyday tasks, such as walking, sitting and sleeping

Special damages

Special damages include loss of earnings, future care costs, and out-of-pocket expenses.

  • Loss of earnings includes compensation for time off work and any reduction of your income in the future.
  • Future care costs are for any care you will need as a result of the medical negligence
  • Out-of-pocket expenses cover medical appointments, travel, accommodation and meals

Be sure to keep payslips, receipts and proof of any losses you experience as a result of the medical negligence.

You deserve compensation to cover all losses, including loss of life, medical costs and any long-term care needs.

When you or a loved one suffers from the effects of consent to medical treatment negligence, you make a claim for compensation.

Your No Win No Fee solicitor will guide you through the steps in making a consent to medical treatment negligence claim.

What are the steps involved in making a consent to medical treatment negligence claim?

The steps involved in making a consent to medical treatment negligence claim go from seeking medical advice to issuing court proceedings. The steps are a part of any successful compensation case, and settlement can happen at any stage in the process.

When you follow the steps correctly and get all the facts and figures together, your medical negligence solicitor will do the rest.

Step 1: Seek medical advice

Seek medical advice on the injuries you have suffered or are suffering with immediately you realise you experienced consent to medical treatment negligence.

Step 2: Contact a specialist medical negligence solicitor

Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at your case, see where the problem lies, and advise if you suffered consent to medical treatment negligence.

The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim.

You are the one who suffered medical negligence, and you should get all the money due for the suffering.

Step 3: Your medical negligence solicitor obtains your medical records

Your medical negligence solicitor obtains your medical records with your permission. By reading your records, they will confirm if they think you have a valid consent to medical treatment negligence case.

The medical negligence team will know from reading your medical records it the case will result in consent to medical treatment negligence compensation being paid.

Step 4: The medical negligence solicitor sending a letter of claim to the negligent party

The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit consent to medical treatment negligence in what is known as ‘sending a letter of claim.’

When the negligent party receives the letter of claim, it has up to four months to provide a written response.

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If you have been a victim of any form of medical negligence? We specialise in pursuing damages against negligent healthcare providers. 

It’s free and easy to speak with one of our team of medical negligence professionals.

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Step 5: Getting a response from the negligent party’s insurer

Getting a response from the negligent party’s insurer will move your compensation claim closer to a conclusion.

The insurer will either admit the medical negligence or say they intend to defend the case. Deciding to defend the case is known as ‘deny liability’ in legal terms.

If they admit liability, your consent to medical treatment negligence claim can be valued.

The two parties will meet to decide on your consent to medical treatment negligence compensation payment.

Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.

Step 6: Issuing court proceedings

Issuing court proceedings is the next step if they deny liability in your consent to medical treatment negligence case. Going to court happens, too, when they are not prepared to pay a fair amount for the injuries you have suffered.

Your medical negligence solicitor issues the court proceedings.

Remember that less than 1% of medical negligence cases end up in court, and very few of those cases ever make it to the courtroom.

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.

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Using a No Win No Fee solicitor

Using a No Win No Fee solicitor is the only way to a successful consent to medical treatment negligence claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win.

Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees.

The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor.

You are the one who suffered consent to medical treatment negligence, and you deserve the compensation to get your life back to normal.

How long do I have to make a claim for consent to medical treatment negligence?

You have three years to make a claim for consent to medical treatment negligence. All medical negligence claims are subject to limitation periods.

For example, in England and Wales, medical negligence claims must generally be brought, court proceedings issued within three years of the injury, or three years of knowledge of the facts giving rise to the claim.

If someone has passed away, it is the date of death if the limitation period has not expired at the date of death.

Children not under a disability typically have until they reach 21 to start a consent to medical treatment negligence claim or court proceedings.

Persons under a disability, who lack capacity, are not subject to any limitation period.

Can I make a medical negligence claim against the NHS?

Yes, you can make a medical negligence claim against the NHS. Suing the NHS for negligence is not unusual. People sue the NHS for compensation for medical negligence and receive the money they deserve for the negligent treatment.

Each year there are between 8,000 and 10,000 successful medical negligence claims against the NHS. Suing the NHS for medical negligence can make some people feel uncomfortable.

Amounts in compensation claims awarded against the NHS range from £1000 to over £10 million. The amount you receive covers minor injuries such as scarring to serious life-threatening negligence, which leaves you with long-term care needs.

We trust in and use the NHS daily and do not expect negligence. It happens, though, and the NHS has a dedicated team to handle medical negligence compensation claims, called NHS resolution.

NHS Resolution has a responsibility to treat patients who seek compensation fairly. Patients pay for the
NHS through their taxes, and for that they deserve respect and the best medical treatment.

Contact The Medical Negligence Team

Contact the Medical Negligence Team today to discuss your consent to medical treatment negligence claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation.

At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim.

We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases.

Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered consent to medical treatment negligence, and you deserve every penny of the compensation.

Contact us at the Medical Negligence Team for all your medical negligence needs.