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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    Medical compensation claims – What is informed consent?

    When it comes to medical treatment, informed consent is something which must be given before a patient can be treated in most cases. Informed consent means that the patient fully understands the procedure and all its implications (i.e. further health problems that could result from the procedure if it doesn’t go well), clearly agrees to it without the pressure of medical professionals or family members, and is capable of fully agreeing to it. Understandably, sometimes it may seem that a patient has given informed consent when this is not actually the case.

    The problems of informed consent

    Because most patients don’t have a good understanding of medical terminology, it can sometimes be the case that a patient will agree to a procedure without having fully understood what they have been told about it. Perhaps their doctors have used medical jargon that they have been too embarrassed to admit that they don’t understand, or perhaps they have simply completely misunderstood, taking one word for another. In some cases, a patient may have failed to read the information they have been given, and simply signed the consent form anyway.

    In other cases, a patient may feel that they were not able to give their informed consent at the time of the medical procedure. Even though they were conscious, they may have been confused due to their injuries or the drugs that have been given to them. Even though they voluntarily signed the informed consent form, they may not feel that they were capable of doing so at the time.

    What to do if you feel you did not give your informed consent for a medical procedure

    If you have been injured in any way as a result of having undergone a medical procedure for which you feel you did not give (or were not capable of giving) your informed consent, you may be entitled to claim personal injury compensation. Bear in mind, however, that there are many situations in which procedures can be carried out even without your informed consent – if you were unconscious at the time, for example, or if you suffer from a mental health condition.

    To discuss your case in more detail, call our expert advisers at Accident Advice Helpline on 0800 689 0500. The helpline is open 24 hours a day, 7 days a week, so feel free to call whenever is convenient. For a very quick guide to your possible eligibility, consult our 30-second test online.

    Open Claim Calculator

    Date Published: January 13, 2014

    Author: David Brown

    Category: Medical negligence claim

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.