NHS lack of informed consent claims

The NHS does a fantastic job most of the time, but if you’ve suffered negligence as a result of not being fully informed about a procedure, you could have a claim.


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Claims of medical negligence against the NHS have risen sharply since 2015, according to research by Queen Mary University of London. This is because a landmark legal ruling took place that year.

The Supreme Court judgement, which is known as Montgomery, changed the legal test for determining what enough information is before consent to treatment is given by a patient. The court rules that it should be viewed in terms of what a reasonable patient would expect to know, rather than what a reasonable doctor would warn them about.

It has led to the number of claims against the NHS relating to consent rising fourfold, while the rate of increase for other claims has remained steady.

Queen Mary University of London found that between 2011 and 2015, the cost of settling consent claims rose from £25m to £28m per year. However, between 2015 and 2019, the cost rose to £62m per year. This was down to the number of claims being made.

Why make a consent claim against the NHS?

When you have been the victim of medical negligence, you deserve to have things put right. You are entitled to justice – and to compensation for the pain and suffering you have been through.

By making a claim for a lack of informed consent against the NHS, you could help to draw attention to what went wrong. This could encourage NHS trusts to take a closer look at the way they operate, which could then help them address what went wrong in your case.

This could then help prevent it happening to anyone else.

How can First4Lawyers help?

First4Lawyers has a team of compassionate and understanding claims advisors, who will take the time to discuss your case thoroughly and listen to how you have been affected.

We work with specialist medical negligence solicitors, who will work hard to present the strongest case possible for you. They will work to get you the maximum compensation you’re entitled to and help to get you on the road to recovery.

How much compensation will I receive?

Your situation is unique, which means that without a consultation, we wouldn’t be able to say exactly what you would receive in compensation. However, for an idea of what you might be entitled to, visit our compensation calculator.

Any compensation you are awarded will cover the pain and suffering you’ve experienced, as well as any financial losses you’ve incurred. This can include a loss of earnings if you’ve been unable to work, as well as any medical treatment you’ve had to pay for.

Is there a time limit for consent claims against the NHS?

In most cases of medical negligence against the NHS, you have three years from the date the negligence took place. You should start your claim as soon as possible as it is easier to access medical records and any other evidence you need to prove your claim.

The deadlines are different for certain people, though. Children have three years from the date of their 18th birthday to make a claim. And if you’re claiming on behalf of someone who lacks the capacity to claim for themselves, you will likely not face a time limit.

I think I have a claim – what should I do?

If you suffered harm as a result of not being informed enough to give proper consent to a medical treatment, the first thing you should do is seek appropriate care. Your health is the most important thing so it’s essential to find the right treatment.

You can then consider making a claim against the NHS. You are entitled to be given the opportunity to get back into the position you were in before you suffered from medical negligence. Making a compensation claim can help you do this as it can pay for treatment, home modifications or mobility aids.

To find out how to hold the NHS accountable, just give us a call, request a call back or start your claim online.


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