Clinical Negligence

Failure To Obtain Consent

AuthorPeter Cunliffe

Any patient must be able to give informed consent before any medical treatment or operation can go ahead.

Medical professionals should always tell the patient of the potential risks of the treatment and the risks should be explained carefully. Furthermore, they must explain all the options, including other possible treatments and alternatives. A patient then has the right after being given information whether they wish to proceed with the treatment or surgery at that particular time. If a doctor/surgeon does not explain the risks of treatment or explain about any other options that are available, then you may have a claim.

Failure to obtain consent can also occur when you have consented to one specific type of treatment or surgery, but the surgeon goes ahead and performs a different type of surgery. It can also occur when you have consented to one type of treatment, but the surgeon performs an extra procedure to which you didn’t consent.

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