Failure to Warn About Medical Risks
If you have suffered injury due to a medical procedure to which you did not specifically consent, you may be the victim of substandard medical care and be entitled to make a claim for compensation.
It has recently been concluded that a patient, assuming that they are competent to do so, is entitled to make their own decisions about what treatment they are willing to undergo.
Informed consent
In order to be able to make such a decision, the patient needs to be informed fully of the risks related to that procedure, especially where those risks are likely to be of considerable significance to that patient, and to be made aware of alternative procedures and their risks and benefits as well as the implications of not going ahead with the procedure.
A key aspect of this process is respect for the individuality of the patient. A patient may be influenced by a number of factors in their decision about medical treatment beyond their pre-existing medical conditions or physical characteristics - the way in which they make their living, for example, may be of particular significance in their decision-making.
Voluntary consent
Such consent must also be voluntary. Whilst the patient will wish to be informed by the views of the relevant medical practitioner, they should not be put under pressure to select a particular course of treatment.
Competent consent
It should also be clear that the patient understands the information they have been given and is able to make a judgement as to their treatment. The medical professional should endeavour to ensure that the patient has understood the options available.
In cases of emergency, where the patient is not conscious and treatment is required in order to try to preserve the life of the patient, the usual conditions of consent do not apply.
Examples of failure to consent
A failure to consent properly may be considered to have occurred in a variety of scenarios:
- Where the patient is not advised of a particular risk which then occurs, causing significant impact on the patient
- Where the patient is not advised of an alternative procedure and is impacted negatively by the procedure they have consented to
- Where the patient consents to a procedure on the basis that it is to be performed by a particular person or by a person of a specific level of competence or experience and the patient then suffers injury when the procedure is undertaken by an alternative practitioner
Medical Negligence
Contact Glynns Solicitors, a specialist medical negligence legal practice, if you or a loved one have suffered significant injury due to a procedure for which you were inadequately consented.
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