Surgical negligence compensation claims and informed consent.
When undergoing surgery, the informed consent of adult patients who have capacity must be obtained by the surgeon before any treatment takes place.
Obtaining informed consent is crucial as it provides the patient with an understanding of the proposed procedure, including the recognised risks and benefits. This enables you to make an informed decision as to whether to go ahead with the procedure or not.
Risks will often be associated with complications that are known to occur and the likelihood of success of the procedure. The risks involved with a procedure may also change depending on different treatment options.
If you are not provided with this information, the surgery will have been carried out without your ‘informed consent’ and this could give rise to a medical negligence claim.
For consent to be valid, it must be given by a patient voluntarily and they must be fully informed. The patient must also have capacity in making the decision to go ahead with the procedure.
Informed consent therefore has three separate elements:
- Voluntary: The decision to grant consent must be made by you on your own and must not be influenced by anyone else.
- Informed: You must be given all of the relevant information that relates to your surgery and what it involves, from the risks and benefits of the procedure, to alternative treatments. The surgeon and medical staff performing the surgery are under a professional duty to inform you of these.
- Capacity: You must be capable of giving consent, this means that you must have an understanding of the information given to you and use it to make an informed decision.
Your consent should be obtained ahead of the surgery to provide you with enough time to make an informed decision. Whether you decide to go ahead with the surgery or not, your decision must be respected.
Consent can be given in any of the following ways:
- Verbally
- In writing
- Non-verbal consent – for example, by holding out your arm for a vaccination.
You are entitled to withdraw your consent at any time before the procedure is completed.
It may not be necessary to obtain consent where :
- You are unconscious but need emergency treatment to save your life; this decision must be fully explained to you post-surgery.
- You are in need of an emergency procedure during an operation and there is a medical reason why consent was not obtained.
- You lack the capacity to consent under the Mental Health Act.
We are specialists in dealing with surgical negligence compensation claims and our lawyers work on a No Win, No Fee basis. So, if you believe that you have received medical treatment that you did not consent to, please call our free helpline on 0333 888 0412 or email brief details of your case to us in complete confidence at
[email protected]. Our specialist
medical negligence solicitors will investigate your case free of charge, and provide you with details of
No Win, No Fee funding.
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Here is just a short selection of some of the reviews that our clients have left for our clinical negligence team:
Maddy Lawrence
“With the premature death of our eldest daughter, as it turned out, by clinical negligence, we were facing a very difficult journey both in proving fault and keeping heart and soul together. That we were able to, in terms of the fault element, was down to our professional legal team. They provided clear, calm and compassionate advice which got us through a horrendous inquest and subsequent legal maneuverers. They, in short, were magnificent and we are extremely grateful that we had them on our side.”
Great firm!
“I had an experience with Oliver Thorne who was nothing but helpful with settling my claim. He was very patient and professional as well as making sure I was happy and content throughout the whole process! Would highly recommend him if you’re looking for a solicitor!”
Compassionate, thorough, and outstanding legal support thus far
”Jade was incredibly friendly, taking the time to ask all the right questions and thoroughly investigate our case. Unlike previous solicitors, who dismissed us, Jade and the team at Slee Blackwell delved deeper and gave us renewed hope. We are extremely grateful for the dedication and professionalism in fighting for us. I would recommend Slee Blackwell to anyone in need of legal assistance.”
Mesh claim
“I cannot thank the team enough there understanding and empathy and the knowledge is outstanding. Caroline has been supportive every step of the way, she has informed me and kept me updated how the claim has progressed she has also had great understanding around my mental health and the physical damage I have occurred. I cannot thank the team enough. The team made this experience easier for me to deal with my emotional distress and pain.”
Thank you
“On behalf of all of us, we would like to thank you for your guidance, professionalism, humanity and kindness you have shown us all throughout this process. You have explained everything to us in clear and concise terms throughout and we are extremely grateful. We would have no hesitation recommending you and using your services in future. Thank you.”
Exceptional Service
“I have received expert advice throughout my case, the attention to detail is second to none. Their professional outlook and relatability means that I always recommend the firm. When I was unclear of any information or possible outcomes they took the time to speak with me on a personal level, confirming our conversation through email, I feel supported and understood and most of all they are empathetic, something that is often missing from large firms.”
Friendly, professional, knowledgeable.
“Oliver assisted me in the aftermath of my father’s sudden death in hospital. He helped me to draught my initial letter of complaint to the health authority, represented me and my mother at the inquest and ultimately succeeded in bringing a successful claim. I always felt I could approach Oliver with any questions and he would explain the legal processes in an understandable way. I would not hesitate to recommend him should anyone find themselves in a similar unfortunate position.”
Excellent solicitor
“I cannot recommend this firm highly enough and especially Caroline who is professional approachable and thorough, she works tirelessly and is a real credit to the firm, you are not made to feel like just a number as with other firms, it’s a pleasure to have such an excellent solicitor to represent you when you have gone through so much she is so understanding and knowledgeable.”