My mother thanks you very much for all your help. Tha claim has helped with things she needs to make the rest of her life a bit easier. Thank you again for all you have done for mom.
Mrs C. Williams, Birmingham
Informed consent and clinical negligence
The Clinical Negligence team at Blake Lapthorn solicitors will help you assess and, if appropriate, pursue a medical negligence compensation claim if you did not receive sufficient information to give informed consent to your treatment. Failure of your surgeon to alert you to a potential risk about which you should have been advised, constitutes a failure to obtain informed consent and is a breach of the duty of care owed to you.
However, lack of informed consent does not mean that you are automatically entitled to compensation because you must also be able to prove that, had you been warned of the risk, you would not have undergone that surgery at that time. Although this can be difficult to prove, a recent case in which an operation resulted in cauda equina (a risk of which the patient had not been warned) has made compensation claims more likely to succeed.
Whether you have cosmetic surgery, including dental cosmetic surgery, or a medical operation, those treating you have an obligation to advise you before the treatment of the:
If there are treatment alternatives, one of which carries a higher risk than the other, they should take particular care to explain the comparative risks and benefits of each procedure, especially when obtaining your consent for the higher risk procedure.
Blake Lapthorn solicitors is very experienced in assessing your potential medical negligence claim, and determining whether you have a good prospect of success. Contact us for an initial discussion.
Telephone us on 0844 620 6200
Email us at blclaims@bllaw.co.uk
However, lack of informed consent does not mean that you are automatically entitled to compensation because you must also be able to prove that, had you been warned of the risk, you would not have undergone that surgery at that time. Although this can be difficult to prove, a recent case in which an operation resulted in cauda equina (a risk of which the patient had not been warned) has made compensation claims more likely to succeed.
Whether you have cosmetic surgery, including dental cosmetic surgery, or a medical operation, those treating you have an obligation to advise you before the treatment of the:
- type of procedure
- intended benefits of the surgery
- possible risks or complications, depending upon the seriousness and frequency of that risk
If there are treatment alternatives, one of which carries a higher risk than the other, they should take particular care to explain the comparative risks and benefits of each procedure, especially when obtaining your consent for the higher risk procedure.
Blake Lapthorn solicitors is very experienced in assessing your potential medical negligence claim, and determining whether you have a good prospect of success. Contact us for an initial discussion.
Contact the Clinical Negligence team
Telephone us on 0844 620 6200
Email us at blclaims@bllaw.co.uk
Would you like us to call you back?
Call us between 8am and 6pm Monday to Friday, or use the enquiry form outside office hours
Or call us on 0844 620 6600
