Informed consent compensation

Medical negligence compensation claims arising out of informed consent and failure to warn are our expertise

It is up to the patient as to whether or not to undergo a particular surgical procedure or be subject to particular medical treatment after weighing up all of the risks and benefits. Sometimes, however, patients are not provided with sufficient information with respect to proposed surgical procedure or medical treatment or the severity of their medical condition to make an informed decision.

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What constitutes informed consent and “failure to warn”?

Every surgery and medical treatment carries an element of risk. Every patient, therefore, is entitled to be provided with information as to the risks and benefits of a particular surgical procedure or medical treatment so that they can make an informed decision as to whether or not they agree to proceed with the treatment and provide their “informed consent”.

Informed consent must be obtained from a patient prior to administration of any treatment to a patient and must be done in full knowledge of the possible consequences of the treatment, including adverse consequences, even if the risk of an adverse outcome is relatively small.

Medical negligence compensation claims involving “informed consent” fall under the umbrella of “failure to warn”. However, medical negligence compensation claims involving “failure to warn”, also, include circumstances where patients are not advised of the severity of their medical condition and what ought to be done to treat the same or what to do when certain symptoms are present or develop.
It is best practice to obtain “informed consent” for treatment from a patient in writing by getting the patient to sign a consent form.

Informed Consent Compensation

When will there be lack of “informed consent” or "failure to warn"?
What are the consequences of failure to obtain informed consent or failure to warn?
What compensation is recoverable?

A pain-free process

We aim to make the claim process as simple and stress free as we possibly can for our clients. During your initial consultation we’ll:

  • explain duty of carefulness what’s involved in making a informed consent claim for compensation;
  • give you a projected timeline of your claim process; and
  • provide an estimate of the value of medical malpractice claim.

We can then proceed immediately and work with you to achieve the best possible compensation outcome.

Lockdowns and restrictions may have eased, but time limits for claims have not. Call us now so you don’t miss out on your payment!