Lack Of Informed Consent Claims
We can help with lack of informed consent claims if you’ve suffered because you weren’t given enough information prior to treatment.
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If you underwent medical treatment without being fully informed of the risks or available alternatives, you may be eligible to make a lack of informed consent claim. Healthcare professionals have a legal duty to ensure patients understand the information relevant to their treatment before agreeing to proceed.
A lack of informed consent can occur when a doctor fails to explain significant risks, discuss reasonable alternative treatments or consider your individual circumstances. For example, if a surgeon at a London hospital failed to warn you about a serious complication that later occurred, you may have grounds to claim compensation if you would have made a different decision with the correct information.
Our specialist medical negligence solicitors can help you understand your legal rights, investigate whether informed consent was properly obtained and determine whether you have grounds to pursue compensation for avoidable harm.
Contact our team today for a free consultation about making a lack of informed consent claim in London.
- Call 020 7362 2087
- Use our live chat
- Contact us online today.
What Is a Lack of Informed Consent In Medical Negligence Claims?
A lack of informed consent in medical negligence claims occurs when a healthcare professional fails to provide the information you need to make an informed decision about your treatment. This includes explaining significant risks, reasonable alternatives and the consequences of refusing treatment.
Examples of a lack of informed consent include:
Failure to explain significant risks: A surgeon does not warn you about the possibility of permanent nerve damage before an operation.
Not discussing reasonable alternatives: A doctor recommends surgery without explaining that a less invasive treatment may be suitable.
Carrying out unauthorised treatment: You undergo surgery at Guy’s or St Thomas’ Hospital without giving valid consent, and no legal exception applies.
If you suffered avoidable harm because you were not properly informed about your treatment at a London hospital, you may have grounds to claim compensation.
Our specialist medical negligence solicitors can investigate your circumstances and help you pursue a lack of informed consent claim. Contact us today for a free consultation.
Eligibility Criteria For Lack of Informed Consent Claims
To be eligible to make a lack of informed consent claim in London, you must show that a healthcare professional failed to explain material risks or reasonable alternative treatments, and that this failure caused you avoidable harm.
When assessing whether informed consent was properly obtained, consideration is given to the risks a reasonable person in your position would consider significant, as well as your individual circumstances.
To establish grounds for a claim, you will need to demonstrate that:
A duty of care was breached: A doctor or other healthcare professional failed to explain a material risk or reasonable treatment alternative.
Your decision would have been different: You would have declined the procedure or chosen another treatment if you had received the relevant information.
You suffered avoidable harm: The failure to obtain informed consent resulted in an injury or complication that could otherwise have been avoided.
A signed consent form does not automatically prove that informed consent was obtained. Equally, the absence of a signed form does not necessarily mean consent was invalid.
If you believe you received treatment without proper informed consent at a healthcare facility in Southwark, Hackney or elsewhere in London, our specialist solicitors can assess your circumstances and explain whether you have grounds to claim compensation.
Legal Framework For Informed Consent
The legal framework for informed consent in England is primarily established through common law. Healthcare professionals must ensure patients receive sufficient information to make informed decisions about their treatment. Failing to meet these obligations may provide grounds for a medical negligence claim.
Key Principles In Medical Law
The Supreme Court’s decision in Montgomery v Lanarkshire Health Board (2015) established important principles regarding informed consent. Under this ruling, healthcare professionals must:
Explain material risks associated with a proposed treatment.
Discuss reasonable alternative treatment options.
Consider the patient’s individual circumstances when determining which risks are significant.
A risk is considered material if a reasonable person in the patient’s position would likely attach significance to it, or if the healthcare professional should reasonably know that the particular patient would.
These principles apply to treatment provided at facilities such as Royal London Hospital, as well as other NHS and private hospitals across London.
Patient Rights And Practitioner Duties
Patients have the right to make decisions about their medical treatment, including whether to accept or refuse a recommended procedure.
Healthcare professionals are expected to support these decisions by:
Providing clear explanations that patients can understand.
Answering questions about potential complications and treatment options.
Keeping appropriate records of consent discussions and decisions.
If a healthcare professional fails to obtain informed consent and this causes avoidable harm, you may have grounds to pursue compensation.
Our specialist medical negligence solicitors can assess whether your treatment met the required legal standards and explain your options for making a claim. Contact our team today for free advice.
Common Reasons Behind Lack Of Informed Consent Claims
Lack of informed consent claims can arise when healthcare professionals fail to communicate important information before a patient agrees to treatment. In London hospitals, these failures may involve unclear explanations or inadequate disclosure of risks, leaving patients unable to make fully informed decisions.
Communication Failures
Poor communication can prevent patients from understanding the treatment they are agreeing to. Examples include:
Using complex medical terminology without explaining it in plain language.
Failing to provide an interpreter when a language barrier prevents effective communication.
Not allowing patients sufficient opportunity to ask questions before treatment.
If these failures influenced your treatment decision and caused avoidable harm, you may have grounds to claim compensation.
Insufficient Risk Disclosure
Healthcare professionals must explain material risks associated with treatment and discuss reasonable alternatives. At hospitals in Tower Hamlets, Croydon or elsewhere in London, failures may include:
Not warning a patient about a significant risk of permanent injury following surgery.
Failing to explain serious side effects associated with a proposed treatment.
Overlooking risks that are particularly important because of a patient’s medical history or personal circumstances.
If you suffered avoidable harm because significant risks were not disclosed, our specialist medical negligence solicitors can assess your circumstances and explain whether you could make a lack of informed consent claim.
Time Limits For Starting A Claim
Under the Limitation Act 1980, you generally have 3 years to start a lack of informed consent claim. This period begins on the date of the negligent treatment or when you first knew, or could reasonably have known, that your injury was potentially linked to inadequate consent.
However, certain exceptions apply:
Children: The 3-year period begins on their 18th birthday, giving them until their 21st birthday to start a claim. A litigation friend can bring a claim on their behalf before they turn 18.
People lacking mental capacity: The time limit is suspended while a person lacks the capacity to conduct legal proceedings. A litigation friend can claim on their behalf.
Starting your claim early gives our solicitors more time to obtain medical records, gather evidence and arrange expert assessments.
If you’re unsure whether you’re still within the time limit, contact our specialist medical negligence solicitors for a free assessment of your potential claim.
Claim For Lack of Consent on a No Win No Fee Basis
Our specialist medical negligence solicitors can help you make a lack of informed consent claim on a No Win No Fee basis, provided you have an eligible claim.
They specifically work under the terms of a Conditional Fee Agreement (CFA), meaning you won’t pay your solicitor’s service fees upfront or if your claim is unsuccessful. If your claim succeeds, an agreed success fee will be deducted from your compensation as a legally capped percentage.
Our solicitors can support your lack of informed consent claim by:
Investigating consent procedures: Obtaining consent forms and consultation records to establish what risks and treatment alternatives were explained before you agreed to the procedure.
Establishing the impact of inadequate consent: Gathering evidence about how undisclosed risks or alternative treatments could have influenced your decision and whether the failure caused avoidable harm.
Pursuing compensation for consent failures: Presenting evidence that you were not adequately informed and negotiating compensation for injuries and financial losses resulting from the treatment.
If you believe you suffered avoidable harm because a healthcare professional failed to obtain your informed consent, contact our team today for a free consultation about making a No Win No Fee claim in London.
Contact Our Team Today
If you believe you underwent medical treatment without being properly informed of the risks or available alternatives, our specialist medical negligence solicitors can help you understand your legal rights and assess whether you have grounds to make a lack of informed consent claim.
For free advice about your circumstances:
- Call us on 020 7362 2087
- Speak to an adviser through our live chat,
- Contact us online.
Our team can explain your options, answer your questions and discuss whether you could pursue compensation on a No Win No Fee basis.
Frequently Asked Questions (FAQ)
What is a lack of informed consent in medical treatment?
A lack of informed consent occurs when a healthcare professional does not provide clear information about the risks, benefits, or alternatives of a treatment, preventing the patient from making a fully informed decision about their care.
Can I make a claim if I wasn’t told about treatment risks?
Yes, you may be able to make a claim if you were not informed about the material risks or alternative options before treatment, especially if harm resulted from this lack of information.
What if there is no signed consent form?
A claim may still be possible, as verbal consent or lack of information can be considered. The absence of a signed form can strengthen your argument that informed consent was insufficient or not properly obtained.