Before any medical treatment or procedure, healthcare professionals have a legal duty to ensure you understand the benefits, potential risks and any reasonable alternative treatment options. This is known as informed consent. If you were not given sufficient information to make an informed decision, and you suffered avoidable harm as a result, you may be entitled to make a lack of informed consent compensation claim.

At Wollens, our experienced Clinical Negligence solicitors act for patients who have undergone treatment without being properly informed of the material risks or alternative options available. We understand that every patient has different priorities, and clinicians must provide the information needed to allow each individual to make an informed choice about their care. We offer clear, compassionate legal advice throughout the claims process and, where appropriate, a No Win, No Fee service. Contact our specialist team today for a free initial assessment and confidential, no-obligation advice.

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.

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Offices Across Devon
Trusted Across Devon & The UK

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How Wollens Can Help With Your Lack of Informed Consent Claim

Bringing a lack of informed consent claim can be challenging, particularly when you are still dealing with the physical and emotional consequences of medical treatment. At Wollens, our specialist Clinical Negligence solicitors provide clear, practical advice and compassionate support throughout the claims process. We will carefully investigate the consent procedure, review your medical records and work with independent medical experts to establish whether you were given sufficient information about the risks, benefits and reasonable alternative treatments before making your decision.

A successful medical consent negligence claim can provide compensation for the pain, suffering and financial losses caused by treatment that you may have declined had you been properly informed. It can also help improve medical practice by encouraging higher standards of patient communication and decision-making. Our experienced team is committed to helping you secure the compensation, answers and accountability you deserve while guiding you through every stage of your claim with confidence.

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Lack of Informed Consent Claims FAQs

Find answers to common questions about lack of informed consent claims, medical consent negligence, compensation, patient rights, time limits and No Win No Fee funding.

What is a lack of informed consent claim?

A lack of informed consent claim arises when a healthcare professional fails to explain the material risks, benefits or reasonable alternative treatment options before carrying out a procedure. If you suffered avoidable harm that you may have chosen to avoid had you been properly informed, you may be entitled to claim compensation.

Can I make a claim if I signed a consent form?

Yes. Signing a consent form does not automatically mean you gave informed consent. Your clinician must ensure you understood the significant risks, possible complications and alternative treatments before making your decision.

What is informed consent in medical treatment?

Informed consent means you have been given sufficient information about your proposed treatment to make your own informed decision. This includes understanding the potential risks, expected benefits, likely outcomes and any reasonable alternative treatments available.

What types of treatment can lead to an informed consent claim?

Claims may arise following cosmetic surgery, orthopaedic surgery, spinal procedures, obstetric treatment, cancer treatment or any other medical procedure where significant risks or alternative treatment options were not properly explained before treatment.

How long do I have to make an informed consent claim?

In most cases you have three years from the date of the treatment or from the date you first became aware that medical negligence may have caused your injury. Different rules can apply in some circumstances, so early legal advice is recommended.

How are informed consent claims investigated?

Our Clinical Negligence solicitors will obtain your medical records, review the consent documentation and work with independent medical experts to establish whether the consent process met the required legal standard and whether inadequate consent caused your injury.

What compensation can I claim?

Compensation may include damages for pain and suffering together with loss of earnings, medical expenses, rehabilitation costs and any ongoing financial losses resulting from treatment that you may have declined had you been fully informed.

Will my informed consent claim go to court?

Most medical negligence claims are settled through negotiation without a full court hearing. If court proceedings become necessary, your solicitor will explain the process clearly and support you throughout every stage of your claim.

Can I make a No Win No Fee informed consent claim?

Yes. Many informed consent claims can be funded through a No Win No Fee agreement, also known as a Conditional Fee Agreement. We will explain your funding options and any potential costs before you decide whether to proceed.