consent
Consent to treatment can only be given by the patient
themselves, as long as they are old enough to understand the
procedure and have the mental capacity to give informed
consent. Contrary to popular belief, consent to treatment
cannot be given by a next of kin or a relative. Treating do,
however, have the right to provide treatment which they consider is
in the patient’s best interest, if the patient is unable to give
consent and as long as this does not override the patient’s express
instructions. Doctors cannot, therefore, force treatment upon
a patient who has expressly stated that they do not want it.
Informed consent is another issue which has received a lot of
attention from regulators and the courts. Those treating you
have an obligation to advise you of the type of procedure they want
to perform, the intended benefits and the possible risk or
complications attached to that procedure. The extent of the
risks that should be explained to the patient depends upon the
seriousness and frequency of that risk. However, failure to
alert you to a potential risk which you should have been advised
about, constitutes a failure to obtain informed consent and a
breach of the duty of care owed to you.
Lack of informed consent is a highly emotive issue for many
individuals but this does not in itself mean that you are
automatically entitled to compensation if that risk has in fact
occurred. You must be able to convince the defendant and
ultimately the Court that if you had been warned of the risk, you
would not, on the balance of probabilities, have undergone that
procedure at that time. This can be a difficult hurdle to
overcome, particularly if the reason for the procedure is because
you have a dangerous condition or have been in long term
pain.
Informed consent is a complex area of law but the Clinical
Negligence team of Blake Lapthorn are very experienced in
highlighting the relevant issues at an early stage and determining
whether or not you have good prospects of successfully pursuing a
claim, with the assistance of our network of consultants and
experts if necessary.
Should it appear that you do have good grounds for pursuing a
claim for clinical negligence based upon those treating you failing
to obtain informed consent, we also have all the necessary
expertise and resources required to look at the effect that the
complication or the procedure has had upon your overall life
style. In extreme cases this can involve a need for care and
assistance, loss of employment or promotion prospects, a need for
adaptation to accommodation and specialised equipment and
aids. We shall ensure that all of these aspects are
thoroughly investigated to ensure that you are awarded an
appropriate amount of compensation. If we are able to
secure an admission of liability by the defendant then we are happy
to try to obtain an interim payment for you to cover any immediate
needs and to pay for any treatment that may be recommended.
For further information please contact Alison McClure in the
Clinical Negligence team on 023 8085 7345 or email alison.mcclure@bllaw.co.uk.
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