Medical negligence claims that are based on informed consent require specific experience and knowledge, so it's important to choose a law firm with a strong and proven track record of success with these types of claims.

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Informed Consent Medical Negligence Compensation Claims Lawyers NSW

If you think you might have a ‘lack of informed consent’ compensation claim, contact our Compensation & Insurance Claims Team today to book in for a free preliminary assessment phone conference.

Please note: there is a strict 3 year time limit that applies to informed consent related claims in NSW, however some restrictions do apply.

What is “informed consent” in the context of medical treatment?

Informed consent is when a patient gives consent to receive a treatment, after having been given, and understood, all information about the nature of that treatment and the material risks associated with it.

How can informed consent be given?

Informed consent may be given in all the usual ways: verbally; in writing; or by way of implication from the circumstances.

However, from a treatment provider’s perspective, the best evidence that you have received your patient’s informed consent is by way of a written document which sets out all relevant information about the treatment and it’s material risks, and has endorsed upon this the patient’s consent, which would have been witnessed by a person independent of the treatment provider.

Determining whether there has been a failure of informed consent, or a failure to warn, is a complex legal area… which is why having an experienced medical negligence lawyer is crucial.

See Also: Medical Negligence Claims – What do I do?

As a patient, if I haven’t provided informed consent to a treatment I received, can I sue my treatment provider?

A failure to provide informed consent does not automatically avail you of an action against your treatment provider. Here are three examples in which you would not have an action:

(1) If you didn’t provide informed consent to a treatment, but would have if you were properly informed, then the failure to properly inform you would not have influenced your decision, and you would not have an action based on a failure to provide informed consent.

(2) Similar to the above example, if your circumstances were so dire that urgent treatment was required to save your life, and you were not able to provide informed consent, but would have if you could have, then you would not have an action based on a failure to provide informed consent.

(3) If you didn’t provide informed consent to a treatment, and wouldn’t have had you been properly informed, but the treatment you received did not result in any adverse outcome for you, then you would not have an action based on a failure to provide informed consent.

The above are but a few examples of circumstances where a failure to provide informed consent does not automatically avail you of an action against your treatment provider.

However, there are circumstances when a failure to provide informed consent may result in an adverse outcome such that you can bring an action against your treatment provider.

For example, if you didn’t provide informed consent to your little finger being amputated, and you wouldn’t have had you been properly informed, and it was not absolutely necessary that your little finger be amputated, then you would have an action against your treatment provider.

What losses can I be compensated for after a ‘lack of informed consent’ claim?

  1. Your pain and suffering
  2. Your loss of earnings (past and future)
  3. The cost of medical treatment and surgery expenses (past and future)
  4. The cost of any care provided gratuitously by family and friends
  5. The cost of any care provided on a commercial basis

How do I get started with a ‘lack of informed consent’ claim?

If you think you may have an entitlement to bring a ‘Medical Negligence Claim‘ against a treatment provider on the basis of a failure to provide informed consent or a failure to warn, you should get in contact with us.

Since 1969 we’ve been helping clients achieve successful outcomes. No matter what the odds are, we’ll fight to protect your best interests and ensure you are awarded the compensation you deserve. We have offices right across NSW.


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