During pregnancy and birth, healthcare professionals have a duty to provide a reasonable amount of information to an expectant mother, especially before and during labour.
This helps expectant parents to make decisions with what’s referred to as ‘informed consent’, or ‘medical consent, before treatment is provided or procedures are carried out.
During pregnancy and childbirth informed consent may be required from an expectant mother before:
- A decision to opt for a caesarean birth is made.
- An induced labour.
- An episiotomy, where a cut is made by a midwife or doctor to make more room for your baby to be born.
As a result of our extensive experience of representing women in cases involving a lack of informed consent, or medical consent, we know this can sometimes result in medical negligence resulting in a birth injury, a stillbirth or a life-long injury to a child such as cerebral palsy and Erbs palsy.
Informed consent concerns in birth
At Hudgell Solicitors our pregnancy and birth injury lawyers have successfully represented many mothers in cases where informed consent has been an issue in relation to the management of the birth and delivery of their babies.
It is important that mothers are fully informed of all the birth options available to them and advised on the benefits and risks of each option, specific to their own situation.
In a leading case at the Supreme Court, a judge ruled in favour of a mother who brought a claim for medical negligence after her baby was born with cerebral palsy due to a lack of oxygen during birth.
The mother had diabetes, was small in stature and was not warned that this carried a greater risk of complications with a vaginal birth. She argued that had she been informed of the increased risk to her baby, she would have requested a caesarean section.
The ruling supported the argument that it is the doctor’s role to provide a patient with all the information to allow them to make a balanced judgement between different options.
Informed consent in childbirth
If a patient is not fully informed of the possible risks and benefits of a procedure or treatment, and any alternative options available to them, they are denied their right to make an informed decision as to the best course of action.
Should something then go wrong, or the patient suffer a consequence of that treatment or procedure that they had not been made aware of, it is possible they could be able to make a medical negligence claim relating to a failure to obtain informed consent.
Commons examples of a lack of informed consent
Our team of medical negligence solicitors have represented many clients who have undergone treatments or been given medications, unaware of potential future complications or issues. Common examples include failing to:
- Consult fully with mothers/parents on birth delivery plans and options.
- Inform parents of the potential risks or benefits of operations or treatment.
- To warn of potential side effects.
- To inform of alternative treatment options.
- To warn of potential complications during or following surgery.
- To inform that further surgery may still be required.
- To provide accurate information on the expertise of surgeons.
- To offer alternative options other than surgery.
What should happen during pregnancy and childbirth
Before carrying out any treatment, medical professionals should:
- Have a direct conversation with a mother/parents to ensure they are fully informed about their treatment options, and the benefits and risks of each option, or of having no treatment at all.
- Take extra steps, such as possibly providing an interpreter, should English not be a patient’s first language.
- Listen to the patient and their families and allow them to ask questions, providing honest and detailed answers.
- Not rush a patient into making a decision with regards to surgery and treatment.
- Encourage patients to consider their options and talk to family, friends or someone they trust.
- Allow a patient to change their mind.
What happens if I can’t give consent?
The only time health professionals do not need your consent to treatment is when you are unable make a decision. It is very rare in law for someone to be unable to make their own decisions.
This could be because an individual lacks capacity to make that decision or because it is an emergency, and you are unconscious. In the latter situation, healthcare professionals must only provide treatment and care that you need to stay alive and safe.
Medical consent claims
If you feel that you were not listened to or that you were not fully informed of the medical options available to you during pregnancy and childbirth, and you or your child came to harm, then you may be able to claim compensation.
Read more: Experts in Pregnancy & Birth Claims
