Ensuring Medical Risks Are Properly Explained
Have you suffered unnecessary pain or suffering after having treatment or a procedure from your GP or surgeon at the hospital? Were you advised of all the risks of having the treatment and advised of alternative options? If not you may have a claim for negligence. Here, our Personal Injury & Clinical Negligence Team explore a recent case.
The claimant and patient had an operation performed by a Spinal Orthopaedic surgeon. She suffered a spinal cord injury during the operation which left her permanently disabled. The lady’s case was that the Surgeon did not warn her that the operation might leave her paralysed and did not discuss other treatments.
Two of the issues identified by the judge were whether the lady gave informed consent to the operation and If not whether she would have had the operation in any event.
The judge decided that a doctor is under a duty to take reasonable care to ensure that a patient is aware of risks of an operation, and of any alternatives to the operation in order to obtain informed consent from the patient.
The judge said that ‘ warning on the day of the operation was not sufficient’ and decided that the lady did not give informed consent to the operation, and that if she had been given information about the risks she would not have agreed to the operation.
If you have been in a similar situation or are unsure whether you may have a claim BTMK’s clinical negligence team can investigate your case to see if there has been any negligence. Contact BTMK Solicitors for a FREE initial meeting 24/7 on 03300 585 222. It will cost you nothing to find out and we work on a No Win-No Fee basis.
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