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Medical Consent Claims

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No Win, No Fee Medical Consent Compensation Claims

No win, no fee

You can be represented by a highly-experienced medical negligence lawyer at no upfront cost to you. Under our No Win No Fee agreement you only pay a pre-agreed percentage of the compensation awarded if your case is successful.

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What is informed medical consent?

What is informed medical consent?

Doctors and surgeons are not usually permitted to carry out any medical treatment unless the patient – or their next of kin – has been fully informed of any potential risks and any alternative treatment options.

Patients should be fully involved in decisions relating to their medical treatment and able to make an informed choice about the treatment they receive. When this is the case they are able to so give ‘informed consent’.

If a patient is not fully informed of the possible pros and cons of a procedure or treatment, and any alternative options available to them, they are denied of their right to make their own decision as to the best course of action.

Should something then go wrong, or the patient suffer in way they had not been warned of, it is likely they would be able to make a failure to obtain informed consent compensation claim.

Read how we secured compensation for client David Stewart after a hospital carried out a lumbar puncture procedure without his consent.

David Stewart

Common examples

Common examples

Our team of medical negligence solicitors and lawyers has represented many clients who have undergone treatments or been given medication, unaware of potential future complications or issues. Common examples include;

  • Failing to inform patients of the potential risks of operations / treatments.
  • Failing to warn patients of potential side effects of treatments / medications.
  • Failing to inform patient of alternative treatment options.
  • Failing to warn of patients of potential complications during /following surgery.
  • Failing to inform patients that further surgery may still be required.
  • Failing to provide accurate information on the expertise of surgeons.
  • Failing to offer options other than surgery.
  • Failing to consult fully with mothers / parents on birth delivery plans / options.
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Consent concerns in birth

Consent concerns in birth

At Hudgell Solicitors we have been instructed in a significant number of cases where a lack of consent has been sought from mothers and partners with regards to the way their children are delivered and born.

In a leading case at The Supreme Court in 2015, a judge ruled in favour of a mother who sued for medical negligence after her baby was born with cerebral palsy, due to a lack of oxygen during birth.

The mother had diabetes and was small in stature, and was not warned that this brought 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.

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.

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What should happen

What should happen

Before carrying out any treatment on a patient, medical professionals must:

  • Have a direct conversation with the patient or their next of kin to ensure the patient is 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 surgery and treatment.
  • Encouraged patients to think about their options and talk to family, friends or someone they trust.
  • Allow a patient to change their mind.

If you underwent surgery or treatment without any of the above happening, it is possible the medical professional failed to gain your full consent for the procedure.

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Client stories

Client stories

Ensuring you get the Medical Consent compensation you deserve

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zahra concept medical negligence birth trauma inquiry feature image

Parliamentary Inquiry: Zahra’s Birth Trauma Experience

Zahra was one of more than 20 clients of Hudgell Solicitors to submit a statement to the Parliamentary Birth Trauma Inquiry, describing her own experience, and the impact it had on her. Zahra said: I experienced a prolonged labour and should have had an emergency caesarean section to deliver my baby. Due to prolonged deceleration of […]

beata bawolska concept medical negligence birth trauma inquiry feature image

Parliamentary Inquiry: Beata’s Birth Trauma Experience

Beata was one of more than 20 clients of Hudgell Solicitors to submit a statement to the Parliamentary Birth Trauma Inquiry, describing her own experience, and the impact it had on her. Beata said: I lost my baby at full term despite having been to the hospital on many occasions with concerns due to continuing, […]

operating theatre concept medical negligence hospital negligence feature image

Seven-figure damages settlement for patient who suffered stroke after surgery

A hospital trust has paid a seven-figure damages settlement to a patient who suffered a stroke after undergoing surgery. The compensation settlement was agreed after the Trust involved admitted a surgeon damaged an artery during a procedure which caused the patient to suffer a stroke. The Trust denied any breach duty of care, saying the […]

How to make a medical consent claim

How to make a claim

Make a claim in six easy steps

Step 1

Free Initial Advice

Call us, request a callback or complete our online claim form and we will assess whether we think you have a claim.

Start my claim

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Step 2

Funding

We will help you to decide how best to fund your claim. Usually we will be able to offer you a No win, No fee agreement.

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Step 3

Obtain Medical Records & Medical Reports

We will request copies of your medical records and instruct appropriate medical experts to prepare reports confirming whether your care was negligent and how this caused you injury.

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Step 4

Letter Of Claim

We will send a letter to your healthcare provider with details of your claim, setting out why we think your case was negligent and how this caused your injury.

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Step 5

Prepare Claim Valuation

We will put together a schedule of loss setting out the losses you have incurred and the extent of the injuries you have sustained.

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Step 6

Negotiate Settlement

We will send all the evidence to your opponent inviting their settlement proposals. If we cannot agree a reasonable settlement, we will prepare court proceedings.

Start my claim

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Start your claim today

Feel free to give us a call or begin your claim online

Alternatively, call us now on 01482787771

Our client reviews

Client reviews

We’re always committed to getting the optimum outcome for you.

Hudgells have handled my claim brilliantly. From start to finish their solicitors have been professional and efficient. Great communication. Would highly recommend.
5 Stars
Megan
Fantastic service. Rang based on an enquiry for advice relating to an on-going legal situation and received excellent clear advice and would definitely recommend this firm.
5 Stars
Peter
Since Elizabeth Maliakal took over my case for medical negligence. I am pleased to say her service was outstanding. Her communication was excellent. She was always up to date and made sure to keep in touch with me regularly. Elizabeth made sure I understood what was happening and always answered my questions in depth. Coming from a foreign background, I struggle to articulate my thoughts and feelings because of the language barrier, but Elizabeth worked her way around this. I am grateful for all her hard work. Thank you to Elizabeth Maliakal and Hudgell Solicitors.
5 Stars
Darrel Fuentebaja
Thank you to Hudgell Solicitors particularly Sarah Moore who was assigned to my case. I was kept well informed throughout the whole process via email and phone, and always received a prompt reply to any questions that I had. It took a long time for my case to come to close for various reasons but never during this time did I feel rushed or pressured into making a decision. Sarah was very empathetic and supported me throughout with her excellent level of knowledge and professionalism. Thank you again.
5 Stars
Laura
Chris Trousdale was the one of the youngest miscarriages of justice victims as a result of the Post Office Horizon scandal.
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Reviews

FAQs

FAQs

Who gives medical consent for children / minors?

Although in some cases children under the age of 16 can consent to their own treatment if they’re believed to have enough intelligence, competence and understanding to fully appreciate what’s involved in their treatment, usually the decision is made by the child’s mother or father, or a legally appointed guardian or authority.

People 16 and over can consent to their own treatment and this can only be overruled in exceptional circumstances.

How do I know I’ve been given enough information to consent to treatment?

According to the NHS, for consent to be valid, it must be voluntary and informed, and the person consenting must have the capacity to make the decision. That means the decision to either consent or not to consent to treatment must be made by the person, and not be influenced by pressure from medical staff. That person must have been given all of the information about what the treatment involves, including the benefits and risks, whether there are reasonable alternative treatments, and what will happen if treatment does not go ahead.

They finally must be capable of giving consent, which means they understand the information given to them and can use it to make an informed decision.

Are there occasions when medical professionals do not need consent of patients or next of kin?

Yes, there are a few exceptions when treatment may be able to go ahead without the person’s consent, as it may not be possible to immediately gain the consent required, such as when a person needs emergency treatment to save their life, but they’re incapacitated. Even in this case, medical professionals are afterwards required to state their reasons as why the treatment was necessary.

Consent cannot always be sought when a patient immediately needs an additional emergency procedure during an operation. Again, there has to be a clear medical reason why it would be unsafe to wait to obtain consent.

In some cases, patients with severe mental health conditions, may lack the capacity to consent to the treatment of their mental health (under the Mental Health Act 1983).

What is the time limit for making a medical negligence claim?

If aged 18 and over, you will typically have three years from the date that the negligence occurred or from the date that you became aware of negligent treatment.

For under-18s, there is no time limit. However, once a child reaches 18, the standard 3 year claim period comes into effect.

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Alternatively, call us now on 01482787771

Meet our medical consent lawyers

Our lawyers

Local lawyers at the heart of your community

Advice

Advice

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hudgell solicitors medical negligence solicitor samantha darwin

Wrongful Births

The term wrongful birth is used when babies are born with injuries or disabilities which medical professionals should have detected during pregnancy. A failure to inform mothers/parents denies them the opportunity to take a very difficult decision as to whether to continue with the pregnancy. Listen to Samantha Darwin, a senior medical negligence solicitor, explain […]

hudgell solicitors medical negligence solicitor samantha darwin

NHS Investigation Reports

What is an NHS Investigation Report and what can you expect from one? These reports are produced by NHS Trusts following an investigation into a serious incident which occurred during a patient’s medical care. They can highlight lapses in treatment and organisational systems, such as appointments not being sent out. Reports should also identify steps […]

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Medical Consent

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