When you are booked in to hospital for a major surgical procedure, most of us just want to get it over and done with as soon as possible so we can get on with life. We do think briefly about the possible side effects and risks, but the benefits of surgery are usually far more important.
What a lot of patients don’t realise is that any time they go through a surgical procedure they are asked to sign a consent form. On this, they are signing to state that they accept and understand any of the risks associated with the procedure.
This process is called “informed consent” and it is an essential part of any operation. In fact being asked to give your legal consent is actually a legal requirement.
Your medical procedure –what giving consent means
The process of a patient giving their consent means that they must have all of the possible risks or side effects fully explained to them by a medical professional. This includes any possible future problems.
The patient will then be asked to give their consent for the operation to go ahead.
Giving consent and accepting that there might be risks or side effects doesn’t give the medical professionals permission to be negligent or make mistakes while you are being treated. Sometimes doctors will try to fob patients off by telling them that they consented to the procedure, but there is never an excuse for medical negligence or malpractice.
Failing to get consent – grounds for a compensation claim?
Many people feel that they are never properly told about any risks which their surgical procedure entails, or are not told of any risks at all. If this happens, a failure to get a patient to consent properly is in itself considered to be medical negligence and it can be used to start a medical negligence case against the doctors involved. This is serious enough, but if as a result of an operation or procedure you have been left in pain or have been injured, or are having to life with ongoing side effects, then it is only natural to feel a sense of injustice and to want to seek some sort of compensation for the manner in which you have been treated.
We are specialists in dealing with many different sorts of medical negligence claims. Negligence cases where the patient has not given their informed consent before going into the operating theatre are not as uncommon as you might think.
If you feel that you or a family member might have been a victim of medical negligence due to these sorts of informed consent issues, you could have a case for medical negligence and be entitled to hefty financial compensation for the damage you have suffered.
If you think you might have grounds for a compensation claim, your first port of call should be an experienced, specialist medical negligence solicitor who can look at the specifics of your case and assess whether there may be a case for medical negligence.
Your solicitor can then help steer you through the process, keep you in the loop with any developments and let you rest assured that your case is being handled professionally. In the unlikely event that your case has to be heard in court, your solicitor will be with you to handle your case and guide you every step of the way.
But how do you spot a specialist? That’s easy. Look for membership of one of the two highly specialist panels for genuine clinical negligence specialists – run by the Law Society and campaigning medical justice charity, AvMA.
And Denise Broomfield, the head of our clinical negligence team, is one of only around 180 solicitors (out of 140,000 solicitors nationally) on both of these panels
Don’t feel mistreated or cheated if you’ve suffered medical negligence. Call us right away – we’re ready and waiting to help you get the justice which you deserve.
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Considering a Medical Negligence Claim? Call us today
Please be aware that strict time limitation periods apply to all medical compensation claims. So don’t delay getting in touch with a solicitor specialising in these kind of negligence claims – or you risk losing the compensation to which you are entitled.
For FREE phone advice and a free first interview with expert Medical Negligence Solicitors you can trust, simply
- Phone one of our medical claims team on SALISBURY(01722) 4223000 or ANDOVER (01264) 364433 OR
- Call FREE on FREEPHONE 0800 1404544 OR
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