Consent

Consent is a key part of any medical treatment. This is where the patient is told of the risks and benefits of a treatment or procedure, and given the opportunity to ask any questions, before signing a form to indicate their consent to proceed. 

A landmark case in 2015 established that a treating clinician (doctor or other health professional) had a duty to ensure that the patient was informed about any material risks, and any alternative treatments that were available. The clinician is required to consider what risks the patient would think were significant or important to them, and make sure those are all explained properly. 

We have dealt with many cases where the consent process is inadequate and certain risks and complications have not been explained properly. When complications or surgical errors then occur, this can give rise to a valid claim. 

In November 2015, Elizabeth Larner wrote an article for the British Journal of Haematology in conjunction with Rachel Carter, entitled ‘The Issue of Consent in Medical Practice’, which provides a commentary upon the case referred to above. Read the article here.

Contact our specialist clinical negligence team today on 01803 213251 or complete the enquiry form below, for an informal chat, without obligation.