Informed consent compensation

{ "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": [{ "@type": "Question", "name": "When will there be lack of “informed consent” or 'failure to warn'?", "acceptedAnswer": { "@type": "Answer", "text": "There will be a lack of informed consent or failure to warn when a patient is not properly advised of the risks and adverse consequences of a proposed medical treatment before agreeing to undergo the treatment. This can include obtaining consent for one treatment but performing another, not disclosing information about the medical professional's experience and ability to perform a particular procedure or treatment, and not advising the patient about the seriousness of their condition or how to deal with symptoms or complications that may arise. Example: A plastic or a cosmetic surgeon advises the patient and obtains his or her consent to perform a “chin tuck”, but during the procedure and without the patient’s consent decides that the patient would be better off with a “face lift” and performs the same, which results in significant complications. In such circumstances, the plastic or cosmetic surgeon’s actions would amount to “battery” or an “assault” or “trespass to the patient’s person”, because the plastic or cosmetic surgeon 's actions would amount to “battery” or an “assault” or “trespass to the patient’s person”, because the plastic or cosmetic surgeon performed the “face lift” without the patient’s consent. Not disclosing to the patient information in relation to the medical professional’s experience and ability to perform a particular surgical procedure or administer medical treatment Example: A general surgeon who specialises in hernia repairs performs removal of a parotid gland located on the right side of the patient’s face, which is considered to be a highly specialised procedure and which should only be performed by experienced specialist surgeons who perform this type of procedure or facial surgery on a regular basis. During the surgical procedure, the surgeon causes significant nerve damage to the patient’s facial nerve and prior to the procedure does not advise the patient of the lack of his training and experience in performing the procedure and the availability of more experienced specialist surgeons who perform this procedure on a regular basis with few complications. If the patient had been warned, he would have been operated on by a more experienced surgeon and the damage would not have occurred. Not advising the patient of the seriousness of his or her medical condition or how to deal with symptoms or complications if they arise Example: A doctor performs a surgical procedure on a baby, but does not advise the parents of what complication can arise in the postoperative period and what the symptoms of those complications are that the baby ought to be monitored for whilst in the parents’ care. In the postoperative period, the baby exhibits irritability and fever as well as other symptoms. The baby’s symptoms are caused by an infectious process. A number of days later the baby is taken to a hospital emergency department and is diagnosed with sepsis and meningitis. Had the doctor who performed initial surgical procedure warned the parents of what symptoms may be indicative of post-surgical complication of infection, and, if present, the baby should be taken to an emergency department of a hospital for urgent review, and this occurred, the extent of the babies septicaemia and progression of same to meningitis would have been minimised or avoided." } }, { "@type": "Question", "name": "What are the consequences of failure to obtain informed consent or failure to warn?", "acceptedAnswer": { "@type": "Answer", "text": "The consequences of failure to obtain informed consent or failure to warn can include undergoing a surgical procedure or medical treatment that the patient would not have consented to, battery or assault, loss of opportunity to undergo treatment from a more skilled medical professional, delay in diagnosis of a serious medical condition, and emotional distress." } }, { "@type": "Question", "name": "How can a patient make a medical negligence compensation claim for lack of informed consent or failure to warn?", "acceptedAnswer": { "@type": "Answer", "text": "A patient can make a medical negligence compensation claim for lack of informed consent or failure to warn by demonstrating that they were not properly advised of the risks and consequences of a proposed treatment and that they suffered harm as a result. The patient will need to provide evidence to support their claim, such as medical records and witness testimony. It is recommended to seek legal advice to assist with making a claim." } } ] }