Failure to inform patients about their medical condition, treatment and potential outcomes is medical negligence. To not fully tell a patient of all their options and consequences is failure to inform, and you could have a medical negligence claim for compensation. 

A medical professional should inform you of how a procedure may go, your options with treatment types and choices regarding medication. A fully informed patient can decide what is best for them, and failure to inform could be medical negligence. 

You may suffer months or years of unnecessary pain, anguish, and discomfort due to medical negligence, and you might be able to claim compensation from those responsible. 

A No Win No Fee medical negligence solicitor can make your claim for failure to inform you fully and get you the compensation you deserve.

Failure to inform

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What is failure to inform?

Failure to inform is when your doctor does not fully tell you all options regarding your treatment. It is medical negligence to not inform a patient about their proposed treatment, and you could have a claim for compensation if it happens to you. 

Failure to inform could be when the doctor does not tell you of a treatment alternative to surgery.  If a doctor recommends bed rest when a simple piece of surgery is an option, it could also be failure to inform medical negligence. 

Medical negligence is medical care below that any other medical professional acting at an acceptable level would provide. In a failure to inform case of medical negligence, your doctor has not provided you with an acceptable level of medical care. 

Your No Win No Fee medical negligence solicitor can look at your case and see if you have a valid failure to inform claim for compensation.

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Common claims for failure to inform medical negligence

Common claims for failure to inform medical negligence range from not telling a patient of options with medications to alternatives to surgery and of any other treatments available.

Failure to inform medical negligence could result in you not taking a more suitable option for treating your condition and may cause trauma in what is already a difficult time. 

Common claims for failure to inform medical negligence include:

  • Failure to inform of options to surgery
  • Failure to inform of different types of surgery
  • Failure to inform of options to medication
  • Failure to inform of all outcomes of a medical treatment
  • Failure to inform before receiving consent
  • Failure to inform of all risks of a treatment
  • Failure to inform a mother-to-be of all birth options
Common claims for failure to inform medical negligence

Failure to inform of options to surgery

A failure to inform of options to surgery claim is when the doctor and their team do not give you information on all alternatives to your surgery. 

The hospital consultant may tell you what surgery can do to relieve a nerve issue, but there could be an exercise alternative with a similar outcome. In other cases, a dietary alternative to surgery or a course of medication may solve a condition over time. 

Your doctor has a duty of care to inform you of all surgery options—failure to inform breaches that duty of care and could be medical negligence.

Failure to inform of different types of surgery

A failure to inform of different types of surgery could see a patient opting for invasive surgery when keyhole surgery may be just as good an alternative. 

Your surgeon should inform you of all types of surgery suitable for your condition. Surgery under local anaesthetic may not suit a patient who fears surgery. In other cases, keyhole surgery to remove a gallbladder may be an alternative to leaving you with a deep scar and spending more time in hospital. 

A surgeon may prefer one surgery method but should still inform you of all options and how different types of surgery may still work.

Failure to inform of options to medication

A failure to inform of options to medication may happen when the doctor does not tell you of an alternative exercise regime or even surgery to correct a problem.

The doctor should tell you what medication will do to you and what are the alternatives such as exercise and dietary changes. Medication may not suit everyone, and you should be fully informed before making a decision. 

A No Win No Fee medical negligence solicitor can advise if you have a failure to inform medical negligence claim for compensation.

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Failure to inform of all outcomes of a medical treatment

Failure to inform of all outcomes of a medical treatment should not happen but is a common claim for medical negligence. 

Your hospital consultant or GP should inform you what may happen when undergoing a medical treatment. You should know if you are going to be ill from medical treatment or need to stay in hospital while undergoing a course of medications. 

You cannot make up your mind unless you know all the outcomes of a medical treatment, and a failure to inform is medical negligence.

Failure to inform of all risks of a treatment

A failure to inform of all risks of a treatment may put a patient’s life in danger. The failure to inform could see them incapacitated due to surgery when they may wish to continue to live with their condition. 

The doctors should inform a patient of all risks involved with a possible procedure. 

A patient may prefer to take their chances rather than live with the alternatives of surgery and should be fully informed of all risks.

Failure to inform a mother-to-be of all birth options

Failure to inform a mother-to-be of all birth options can influence her when preparing for a birth. Giving birth can be stressful, especially the first time, and a failure to inform could add extra stress when the woman needs help and advice. 

A failure to inform a mother that they should consider a Caesarean C-Section birth due to the size of their baby is potential medical negligence is the baby suffers an injury such as shoulder dystocia, cerebral palsy or in extreme cases the baby dies,

You No Win No Fee medical negligence solicitor can seek compensation in a failure to inform medical negligence claim.

Compensation for failure to inform claims

In some cases, you can seek compensation for failure to inform claims in amounts from the low £10,000s to over £10 million. 

The compensation varies depending on several factors, and failure to inform negligence claims sometimes see very high awards, such as when a patient passes away or suffers a lifetime of unnecessary suffering and chronic pain.  

Compensation amounts in failure to inform claims can be:

  • Failure to inform before receiving consent – £15,500
  • Failure to inform of surgery options – £23,480
  • Failure to inform of birth options- £26,500
  • Failure to inform of dangers with surgery – £80,000
  • Failure to inform of outcomes of treatment – £88,200
compensation claim calculator

(All amounts are approximate and are only a guide to what is possible in failure to inform negligence claims. Figures can be high in some claims as you or a loved one could need long-term care and may face medical bills for life. )

You may be able to claim for these care expenses and medical costs in the future. 

As in all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to failure to inform complications. 

A No Win No Fee medical negligence solicitor will be the one to advise you on a failure to inform claim. They will know from experience what your case may be worth and how to make a successful claim. 

Your No Win No Fee medical negligence solicitor will handle your failure to inform claim for compensation and for all damages incurred.

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 negligence we will send a letter of claim to the negligent party outlining your compensation claim.

Who is eligible for compensation?

The patient who suffers from complications due to failure to inform may be eligible for compensation. They are the ones who have suffered, and the clear medical negligence could lead to extra treatment, difficulties leading an independent life and stress when dealing with medical professionals in the future. 

The failure to inform could lead to years of unnecessary suffering and the patient’s early death in some cases. 

If a patient passes away due to complications arising from an unnecessary procedure, the ones left behind may have a claim for medical negligence. 

Loved ones in a medical negligence case are known as ‘dependents’ and can be:

  • A spouse or former spouse of the deceased
  • Someone who lived with the deceased for two years before death as a husband, wife, or civil partner.
  • Blood children, adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents
  • Brothers, sisters, cousins, and other direct relatives

When you are a victim of failure to inform negligence or have lost a loved one through failure to inform, you may have a claim for compensation.

What can you claim for when you sue for failure to inform?

You can claim compensation for any damages that occurred when you sue for failure to inform. 

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

General damages are when you sue for the pain, suffering and 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 is any difficulty you have in doing everyday tasks, such as walking, sitting, playing sports, and sleeping.

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 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 due to the medical negligence.  

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

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

medical negligence compensation types
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Who is responsible for failure to inform negligence?

A medical professional is responsible for any failure to inform negligence. When you bring a claim for failure to inform, you claim against the NHS Trust or private clinic that employed the medical professional responsible.

A medical professional responsible for the failure to inform could be:

  • The GP who failed to inform a patient of treatment options
  • The hospital consultant who did not inform the patient of all risks
  • The obstetrician who failed to inform the mother-to-be of birth options
  • The hospital responsible for implementing patient consent protocols
  • The hospital responsible for hiring suitable medical professionals
  • The surgeon who fails to inform before receiving consent
Who is responsible for medical negligence

Every medical professional owes you a duty of care when dealing with your health problems. You may suffer from failure to inform if they are negligent with that duty of care and do not provide you with a professional service before an operation.

Medical negligence is treatment below an acceptable standard by a medical professional. Instead of putting the care needed into your treatment and surgery options, the doctors failed to inform you of the alternatives, which is clear medical negligence.

You may need to undergo years of treatment to correct the effects of failure to inform. By behaving less-than-professionally, the doctor risks your health, and the effects could be with you for life.

You can claim compensation for the failure to inform and get help getting your life back on track.

Potential risks of a failure to inform

The potential risks of a failure to inform a patient range from reactions to a treatment to unnecessary suffering and even death in some cases. You could suffer through years of incorrect treatment or need intensive therapy to overcome what happened due to a failure to inform. 

Some potential risks a failure to inform are:

  • Missing the chance to go on an alternative cancer treatment
  • Suffering the side effects of an unnecessary course of medication
  • Birth complications due to not having a Caesarean
  • Being ill due to a prolonged and more intensive treatment
  • Trauma from not trusting medical professionals in the future
  • Death from a dangerous operation which could have been avoided

It can be very traumatic when you or a loved one suffers due to complications from a failure to inform by medical professionals. 

Your No Win No Fee medical negligence solicitor can guide you through the steps of a failure to inform claim.

What are the steps involved in making a failure to inform claim?

The steps involved in making a failure to inform 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. 

Your medical negligence solicitor will do the rest when you follow the steps correctly and gather all the facts and figures.

Seek medical advice on the injuries you have suffered or are suffering immediately you realise you experienced a failure to inform.

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 failure to inform 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.

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 failure to inform claim. 

The medical negligence team will know from your medical records if the case will result in compensation being paid.

The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit the failure to inform 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.

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 failure to inform claim can be valued, and the two parties will meet to decide on your compensation payment. 

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

Issuing court proceedings is the next step if they deny liability in your failure to inform claim. 

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.

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“My pharmacy issued me with quetiapine rather than venlafaxine which had a significant impact on my mental health. Andy, Anthony and the team at Medical Negligence Team were incredibly helpful and obtained compensation for the pain and suffering I endured as well as payment for loss of earnings. They paid all the compensation, 100%, to me. I would highly recommend them.”

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How long do I have to make a claim for a failure to inform?

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

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

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

Can I make a medical negligence claim on behalf of a loved one?

Yes, you can make a medical negligence claim on behalf of a loved one. Under UK law, if an injured party cannot represent themselves, then a loved one can take the case on their behalf.

Failure to inform is a perfect example of claiming on behalf of a loved one. The negligence could take a loved one’s life or leave them unable to make a claim.

Your loved one depends wholly on you and the family for care and to fight for their rights. By making a claim on their behalf for failure to inform, you are fighting for the compensation they deserve.

A No Win No Fee medical negligence solicitor will work with you to win the compensation claim for the failure to inform negligence.

Using a No Win No Fee solicitor

Using a No Win No Fee solicitor is the only way to a successful failure to inform compensation 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 due to the failure to inform, and you deserve the compensation to get your life back to normal.

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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. 

There are between 8,000 and 10,000 successful medical negligence claims against the NHS each year—amounts in compensation claims awarded against the NHS range from £1000 to over £10 million. 

The amount of compensation 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 failure to inform 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 in a failure to inform negligence case and deserve every penny of the compensation claim. 

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

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