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Medical Negligence Claims Arising From a Lack of Informed Consent Prior to Medical Procedures
Medical negligence can arise if a doctor fails in their duty of care to provide a patient with sufficient information as to the options and risks that may occur as a result of surgery or other treatment. The importance of this was highlighted in 2015 when the UK Supreme Court upheld a claim for compensation where the patient was not provided with sufficient information or clinical options relating to her individual health and circumstances and suffered harm as a result (Montgomery decision).
If you or a loved one have suffered injury, harm or health complications arising from lack of consent or an incorrect procedure being carried out then our panel of medical negligence solicitors can assist. Examples of lack of informed consent include:
- Injury or health complications caused by lack of disclosure of material risks of the procedure
- Injury or health complications caused by duress or undue influence
- Injury or health complications caused as a result of no interpreter being present
- Injury or health complications caused by failing to discuss all treatment options
- Injury or health complications caused by failing to consider a patient's personal health and individual circumstances during surgical planning
- Failure in total or in part to complete a consent form (ie not dated or signed)
- Lack of patient capacity to understand and appreciate terms of consent form
Our medical negligence solicitors are specialists in no win no fee medical negligence claims involving lack of informed consent and have gained a proven track record in fighting for an admission of liability and recovering compensation, financial loses, private treatment and care costs.
FAQs - Medical Negligence Claim For Lack of Informed Consent
CAN I GET FREE CONFIDENTIAL ADVICE BEFORE I DECIDE TO CLAIM?
Before you decide to make a lack of consent compensation claim, our specialist medical negligence panel will provide free and confidential advice and conduct a free medical claim assessment. This will be under no obligation to use the service.
The free medical claim assessment provides clients and families with an opportunity to gain guidance and legal advice to better understand their legal rights. The case may also be assessed to check whether it qualifies for 'no win no fee' or 'legal aid' funding.
IF I WIN MY CLAIM WHAT CAN I CLAIM FOR?
When settling medical negligence claims, our medical negligence solicitors have experience in recovering compensation and loss of earnings, as well as arranging any necessary care and services to improve the client’s quality of life. Where applicable, these may include:
- Compensation for the Injury or Loss
- Loss of Earnings
- Interim Compensation Payment
- Private Medical Treatment Costs
- Care & Case Management Costs
- Rehabilitation Costs
- Housing Adaptation & Relocation
- Out-Of-Pocket Expenses
- Compensating Dependants (Spouse/Children)
- Benefits & Financial Advice
- Independent Medical Experts
- Court Of Protection
- Coroners Inquest Advice
- Special Adapted Vehicles
- Travel costs
- Recovering The Legal Costs
- Bereavement costs
IF MY CLAIM FAILS, WILL I HAVE TO PAY MY SOLICITORS LEGAL FEES?
In most cases, our specialist medical negligence solicitors act under a no win no fee agreement (unless the case is eligible for legal aid).
Providing you cooperate with the solicitor and do not provide misleading information, then should your case fail you will not be liable to pay your solicitors legal fees.
A no win no fee agreement is a very common agreement used in many types of legal claims. All the solicitors that work with Mistreatment.com are specialist no win no fee medical negligence solicitors and over the years they have helped thousands of people throughout England & Wales pursue a no win no fee medical negligence claim.
ARE YOUR MEDICAL NEGLIGENCE SOLICITORS SPECIALISTS?
The medical negligence solicitors and their legal support teams specialise in exclusively assisting the public in accessing justice for medical negligence matters and specialise in cancer misdiagnosis claims.
Between them, they have handled tens of thousands of enquiries from the general public about medical negligence or medical complaints and have assisted thousands across England & Wales on a no win no fee basis in pursuing a medical negligence claim for misdiagnosed cancer.
Over the years, some of the medical negligence cases that have been settled by our specialist medical negligence solicitors have gained national television, news or media attention. In all of these cases the solicitors have acted on a no win no fee or legal aid basis.
Please view some of our case studies.
Unsure if you can pursue a lack of consent claim?
Before you decide to bring a medical negligence claim, our medical negligence solicitors can provide free confidential legal advice and conduct a free claim assessment under no obligation.
Call us now for free advice.
Lines are open 24hrs.
0800 222 9800
Who provides the free advice and free claims assessment?
The Mistreatment.com is an award winning legal marketing brand that conducts campaigns for a panel of specialist medical negligence solicitors who are experienced in assisting medical negligence claimants on a 'no win no fee' throughout England & Wales. Learn more.
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Our panel of medical negligence solicitors help recover interim damages exceeding £2.2 million, for the benefit of a child with cerebral palsy to provide a home for him and his family, suitably adapted to accommodate his severe disability.