NHS Lack of Informed Consent Claims

What is informed consent?

Whenever a patient is due to receive any kind of medical treatment or procedure, their healthcare professional has a duty to provide a reasonable amount of information beforehand.

This helps the patient to decide whether to give what’s known as “informed consent” for the treatment or procedure to go ahead.

In 2015, a landmark ruling changed the legal test for determining what was considered a reasonable amount of information for patients to receive.

The Supreme Court judgment – known as Montgomery – marked a shift from the emphasis being placed on what a reasonable doctor would warn about, to what a reasonable patient would expect to know.

And because every patient will have differing expectations, the lines have become blurred around the level of information doctors should be providing. This has led to a significant increase in successful claims against the NHS.

Why make a consent claim against the NHS?

If you’ve gone into a procedure without being fully informed beforehand, you may understandably feel that there has been a breach of trust. Whether you were misinformed about the risk involved or were not informed of alternative options, you could be entitled to compensation.

By making a claim for lack of informed consent against the NHS, you could help to draw attention to what went wrong. This could encourage NHS trusts to take a closer look at the way they operate and prevent the same thing from happening to someone else.

If your claim is successful, your compensation will be paid out by NHS Resolution – a government body which acts similarly to an insurance provider for the NHS. Money is put aside every year to cover the cost of claims, so you won’t need to worry that your case could put a strain on the NHS.

How can First4Lawyers help?

We have a team of caring and understanding claims advisors who will take the time to discuss your case and listen to how you have been affected.

If you decide to go forward with bringing a medical negligence claim, we’ll put you in touch with a specialist solicitor. We work with legal teams who are experts in NHS negligence cases, and they will work hard to get you the best outcome.

For these types of claims, we can offer a No Win No Fee service, so you won’t have to pay anything if your claim is unsuccessful.

NHS consent claims FAQs

Is there a time limit for consent claims against the NHS?

There will usually be a three-year time limit on when you can make a claim against the NHS. This could be from the date you were misinformed, or when you first became aware that you did not provide informed consent.

We’d encourage starting your claim as soon as possible as this will make it easier for your solicitor to access medical records and any evidence needed to support your claim.

For children and people who are lacking mental capacity, the time limits will be slightly different and your solicitor will discuss this in further detail with you.

How much compensation could I receive?

Your situation will be unique to you, which means that without a consultation, we wouldn’t be able to say exactly what you could receive in compensation.

If your claim is successful, any compensation you receive will cover your pain and suffering, as well as any financial losses you’ve incurred. This could include a loss of earnings if you’ve been unable to work, or any further medical treatment you’ve had to pay for.

I think I have a claim – what should I do?

If you’ve suffered as a result of not being informed enough to give proper consent to a medical procedure, the first thing you should do is seek appropriate care. Your health is the most important thing so it’s essential to find the right treatment.

You can then consider making a claim against the NHS. To find out how to start the claims process and what it might involve, get in touch with our friendly claims advisors.

You can reach us on the number at the top of the screen. Or, if you’d prefer, there’s also the option to start your claim online. We’re here to help whenever you’re ready.