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When a claim over medical negligence arises from invasive hospital treatment, the consent form may be examined as part of the legal work involved in pursuing that claim.
The necessity for a consent form is grounded in the fact that taking a scalpel to another person's body could be framed, in other circumstances, as assault. Almost any clinical procedure, in fact, should be preceded by the patient's informed consent; exceptions would include parents or guardians giving consent for children, or the urgency of life-saving operations leading to 'implied consent'. Consent may be verbal or written in some cases, but others may demand a written record.
The first word in the phrase 'informed consent' is also important; consent without a full understanding of the risks, dangers and complications that may result from a procedure is no consent under clinical negligence law. However, this need not mean that every possible complication, however rare, is spelled out; it is sufficient to explain the most likely and most dangerous complications, for example.
Even when consent is appropriately informed, it does not protect medical professionals from all claims of negligence. An unforeseen complication is not the same as a complication caused by negligent medical practice. This means that a patient who has suffered personal injury as a result of a procedure performed at a substandard level should not feel that their consent form prevents him or her from beginning a compensation claim as a result of that injury.
Claiming medical negligence damages with UK experts
Cases relating to negligence in medical environments can be among the most complex that a personal injury solicitor deals with. For this reason it is important to ensure that you find specialists with an excellent track record of success in this area of the law if you find yourself needing to make such a claim.
That is precisely what you will find at YouClaim. As well as a near-unrivalled success rate, we have the knowledge and ability to help you decide whether your case has a good chance of being won, and the professional guarantee that being governed by the Solicitors Regulation Authority brings.
There are certain complexities to this type of case that means we cannot guarantee our normal cost-free service, but we will ensure that you are always forewarned of any possible costs, and will never be committed to those costs without your express say-so. We will also strive to have these costs refunded, and promise that the full 100 percent compensation awarded in a won case goes to you, with no cut taken by your personal injury solicitor.
Call us to find out how we can help you on 0800 10 757 95, and you can receive free advice, in plain English, from one of our medical negligence experts. Alternatively, chat to us online, or leave us the details of your case in our online claim form and we'll call you.
