When you undergo any medical treatment or procedure, you have the right to be fully informed about what will happen, the risks involved, and any alternative treatments available. This is known as "informed consent". Failure to obtain informed consent is a serious issue in healthcare and can lead to medical negligence claims if you or a loved one suffers harm as a result.
In this article, we’ll break down what informed consent means, explain how to spot negligence, and show you how Tomlin & Partners' expert medical negligence solicitors can help you claim compensation.
What is Informed Consent?
Informed consent is the process of making sure that you, as the patient, understand all relevant details about a treatment before it is performed. Your doctor or medical professional must explain:
- The nature of the procedure
- The benefits of the treatment
- Potential risks or side effects
- Possible alternatives
- What might happen if the treatment is not carried out
The idea is to give you all the information you need to make an educated decision about your care. Informed consent is especially crucial before surgeries, invasive procedures, and treatments with significant risks.
If you're unsure about what constitutes informed consent, you can learn more from the NHS informed consent page.
What Happens When Informed Consent Is Not Obtained?
If a doctor or healthcare provider fails to properly inform you of the risks and alternatives, and you suffer harm as a result, this can be considered medical negligence. Examples include:
- A surgeon performing an operation without explaining the risk of complications.
- Administering treatment without discussing alternative therapies.
- Failing to explain the potential side effects of a drug or procedure.
- Performing a procedure after only obtaining verbal consent without ensuring the patient fully understood the risks.
Without informed consent, you may have undergone a treatment that you would not have agreed to if fully informed, and this can lead to physical, emotional, and financial harm.
How to Spot Medical Negligence in Informed Consent Cases
It can be challenging to recognise medical negligence when it comes to informed consent, especially if you trusted your medical team to provide accurate information. However, there are key questions to ask:
- Did your doctor fully explain the procedure or treatment to you?
- Were you informed of all the risks involved?
- Were alternative treatments discussed with you?
- Did you feel pressured into making a decision without enough time or information?
- Did you sign a consent form without fully understanding it?
If you answer "no" to any of these questions, you may have been treated without informed consent, and this could be grounds for a medical negligence claim.
How Tomlin & Partners Can Help You
At Tomlin & Partners, our team of highly qualified medical negligence solicitors specialise in cases where patients were not given informed consent. We understand that these cases can be complex and emotionally challenging, but we are here to guide you every step of the way.
We offer a no win no fee medical negligence service, so you don’t need to worry about upfront legal fees. You only pay if your claim is successful.
Why Choose a No Win No Fee Agreement?
Choosing a no win no fee medical negligence UK solicitor ensures that you can pursue your claim with peace of mind. There is no financial risk to you, and our team will work hard to build a strong case on your behalf.
Get in Touch with Tomlin & Partners
If you believe you were treated without proper informed consent and have suffered as a result, it’s important to seek legal advice as soon as possible. There are strict time limits for filing medical negligence claims, and acting early can help ensure the best outcome for your case.
Contact Tomlin & Partners today to arrange a free consultation with our experienced medical negligence lawyers. We will assess your case and help you understand your rights.