Before a patient undergoes a medical procedure or treatment, they should be given sufficient information about the risks involved before they sign a form consenting to the treatment. This is ethically and medically important for patients’ autonomy and their well-being.
But in some cases, medical staff fail to provide patients with the basic information they are reasonably entitled to. This means the patient cannot be considered to have given ‘informed consent’ – even if they gave written consent.
If the treatment then goes wrong, the patient can suffer significant harm which they should have been warned about. Examples include:
- Not being informed of the risk of a perforated bowel during a colonoscopy
- Failure to inform of the risks of strong medication, such as antipsychotics
- Investigations carried out during a procedure, without consent
If you or a loved one has been harmed following medical treatment, you may be able to claim compensation. It is important to contact the specialist medical negligence team at mfg Solicitors as early as you can.
Statistics
Statistics from NHS Resolution show that doctors’ ‘failure to warn’ is happening too often. Between 2020/21 and 2024/25, there were 2,185 cases of informed consent negligence cases involving the NHS. The value of cases reached an estimated £807.7m, with the majority of cases arising in gynaecology, orthopaedics and obstetrics.
The Medical Defence Union has also observed that ‘flaws’ in the consent process are a “persistently common feature” of clinical negligence claims. There may be many reasons why doctors fail to provide adequate information, for instance lack of training, heavy workloads and failing to properly understand the patient.
But whatever the reason, this is not an excuse. The reality is, failure to warn of the risks sometimes prove catastrophic.
What is ‘informed consent’?
Informed consent refers so the process of medical professionals communicating the risks and benefits of a planned procedure with the patient. This is standard medical practice and ensures patients can make an educated decision whether to go ahead or choose an alternative.
Consent was not ‘informed’ if the patient was not given reasonably sufficient or accurate information about the risks and benefits of the treatment. This failure to warn may amount to breach of duty and, if the procedure goes wrong, could cause an unexpected injury or exacerbate an existing medical condition.
It is important to understand that medical staff are not required to tell patients about every conceivable risk. Rather, their duty is to take reasonable care to ensure patients are made aware of all 'material’ risks.
The test includes what a reasonable person in the particular patient’s position would consider also significant. To that end, doctors are expected look into their circumstances (eg age and medical history) so that they can tailor their discussions about the material risks to that individual (GMC guidance on consent).
To prove you did not give informed consent and this resulted in injury, we will need to show a failure to provide you with sufficient information; and the harm suffered was the direct result.
Your medical notes and records will be vital in establishing liability. If we think you have a case, we will obtain these on your behalf.
How we can help
In the event you or a family member has suffered following a failure to warn you of the risks of undergoing medical treatment, please contact us and we will provide you with expert advice in relation to your claim under a no win no fee.
Please contact David Lydon at david.lydon@mfgsolicitors.com, or on telephone number 0121 236 7388.