Not being told about the risks before treatment is negligent, if you subsequently suffered harm our solicitors could help you claim compensation.

Not being told about the risks before treatment is negligent, if you subsequently suffered harm our solicitors could help you claim compensation.

Medical professionals are legally responsible to outline the risks and alternatives to patients before they commence treatment. In so doing patients can weigh-up the risks and decide to undergo the treatment or not. This process is called informed consent.

Sadly some patients are not properly informed of the risks of things going wrong or what other treatments are suitable. In these instances it may be possible to claim compensation if subsequently they suffer harm from the treatment.

Injury or health complications caused by failing to consider a patient’s personal health and individual circumstances during surgical planning may result in a medical negligence claim. The importance of this was highlighted in 2015 when the UK Supreme Court upheld a claim for compensation where the patient was not provided with sufficient information or clinical options relating to her individual health and circumstances and suffered harm as a result (Montgomery decision).

It is every patient’s right to be told about the risks of the procedure before undergoing a procedure, however this is not every patients experience.

Types of lack of ‘informed consent’ claims we assist with include:

  • Failure to disclose treatment options
  • Failures in gaining consent regarding life affecting surgery such as hysterectomy and sterilisation 
  • Errors in contacting a next of kin regarding surgery and treatment
  • Failure to inform the patient of risks and complications
  • Failure to inform the realistic outcome of surgery or treatment
  • Failure to inform family members if the patient lacks mental capacity
  • Errors to gain consent regarding additional treatment during surgery
  • Failures in gaining consent for end of life programmes such as the Liverpool Care Pathway, and National End of Life Care Programme and palliative care

Our solicitors are assisting patients suffering harm and failed by a lack of ‘informed consent’. Contact us to find out if we can help you on a no win no fee basis.

When settling medical negligence claims, our medical negligence solicitors have experience in recovering compensation, loss of earnings and other out of pocket expenses. They will also arrange any necessary care and services to improve the client’s quality of life. Where applicable, these may include:

  • Compensation for the injury or loss
  • Loss of earnings
  • Interim compensation payments
  • Private medical treatment costs
  • Case management costs
  • Rehabilitation costs
  • Care costs
  • Housing adaptation & relocation
  • Out-Of-Pocket expenses
  • Compensating dependants
  • Benefits & financial advice
  • Independent medical experts
  • Court of Protection
  • Coroners Inquest advice
  • Adapted vehicles
  • Travel costs
  • Recovering the legal costs
  • Bereavement costs

A claim taken on a no win no fee basis means that if your claim is unsuccessful you will not be required to pay your solicitor’s fees.

If your claim is successful you will recover compensation and the other side will pay the majority of your solicitor’s fees.

If your claim is successful you will recover compensation and the other side will pay the majority of your solicitor’s fees.

However, if your case is successful and you receive an award of damages then you may be required to pay a success fee and/or after the event insurance premium both are deductible from the compensation your receive.

This is standard legal specialist clinical negligence practice, in-line with government legislation amended in 2013.

Providing you cooperate and do not provide misleading information nothing is payable by you up front and nothing is payable at all if your claim is unsuccessful.

For your peace of mind, your solicitor may recommend that you take out a specialist after the event insurance policy as you may still be exposed to adverse costs. This policy will pay any of the other sides solicitors costs and expenses that may be incurred.

You will not be required to pay the cost of the after the event insurance policy if your claim is unsuccessful.

Our promise is to work vigorously on your behalf, leaving no stone unturned in pursuit of the justice you and your family deserve.

Despite our drive to assist with your recovery we never lose sight of the importance of maximising your compensation. Although the settlement awarded in successful cases will not take away the suffering it will help with rehabilitation, care, provide financial security and help rebuild the lives of medical negligence victims and their families.

There is no catch.

For your case to be accepted on a no win no fee basis by Daniel Clifford Law LLP, it must meet our no win no fee acceptance criteria. If your claim successfully meets this criteria, you will be offered no win no fee representation.

Providing you cooperate and do not provide misleading information nothing is payable by you up front and nothing is payable at all if your claim is unsuccessful. If your claim is successful, you will recover compensation and the majority of your solicitor’s costs and expenses will be recovered from the other side.

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Get free legal advice about making a lack of 'informed consent' claim

If you need legal advice contact us and one of our medical negligence experts will get back to you as soon as possible.

Call 0203 6741691

No win no fee accident claims
Legal Services