Lack of Consent Medical Negligence Claims - Medical Consent
Medical consent can only occur once a patient has been fully informed of all the risks associated with their medical procedure. This is known as informed consent. Lack of medical consent can result in serious or life threating injuries and you are eligible to receive compensation for your losses if you have been injured as a result of medical negligence.
What is Informed Medical Consent?
Informed consent involves a person agreeing to a medical procedure after receiving all of the relevant information regarding the process and risk. Your doctor must explain the procedure, the risks, and alternative treatments. This includes rarer risks and patient-specific risks as well. It is impossible for a doctor to cover all the risks of a surgery but legally they must convey the information a reasonable person should be expected to be informed with including the option for less evasive procedures.
Why is Medical Consent Important?
All medical procedures require consent forms. A failure to have a written consent can be considered criminal activity on the part of your medical practitioner. Surgeons require consent forms to protect themselves from fraudulent lawsuits and patients need consent forms to show that they have been explained the risks and agree to the procedure being performed.
What is a Lack of Medical Consent?
A lack of consent can occur for multiple reasons including failing to specify the injury received as a reasonable risk. Your doctor must present your percentage of risks as well. This means that your practitioner cannot tell you that there is a 2% chance of injury when in reality there is a 20% chance. When a medical professional performs the wrong procedure it is considered negligent behaviour and a lack of medical consent.
The exception to these scenarios would be when a surgery is performed in an emergency situation as a means to save a patient’s life. In these rare instances, a medical professional must act to the best of their ability before their patient dies.
Proving Lack of Medical Consent
Proving a lack of medical consent can be difficult when a patient has signed a written consent form and the injuries they received were included in the consent documentation. You may not be eligible to receive compensation in this scenario. You are definitely eligible to receive compensation if you were not provided a consent form prior to your procedures being performed.
Do Not Wait to Lodge Your Claim
You must lodge your claim within three years of your injury to be eligible to receive compensation for your injuries. There is not a good reason to wait to lodge your claim as evidence can become more difficult to gather as time passes.
How Claim Solutions Scotland Ltd can Help You
Claim Solutions Scotland Ltd will assign your claim a specialist who will work tirelessly to help you achieve your compensation goals. Our claim specialist will gather the evidence you need to lodge your claim successfully and guide you through the entire claims process from start to finish.
No Win No Fee
We are confident in our abilities and we will waive 100% of our fees if you are not awarded compensation for your injuries.
Start The Claims
Contact us to start the claim’s process today. Our expert staff will evaluate your claim and give you more insight into your compensation potential. We are confident we can help and we will waive 100% of our fees if you are not awarded compensation for your injuries.