Before you go under the knife, you have the right to understand the risks involved. Your doctor must discuss the possibilities with you and obtain your consent before moving ahead with any high-risk surgery. If the surgery goes ahead without your consent and you’re injured, it can be a devastating experience - especially because you had no way of knowing that you were at risk.
In these cases, patients are often entitled to claim compensation. This offers an opportunity to recover any money you lost due to the incident and provide for the things you need to adjust to life after a surgical injury. If you need new medical devices, or had to take time off work, compensation can pay for the related expenses and lost earnings.
At Switalskis, our team knows the law - and when medical professionals have broken it. When there is a lack of informed consent before a doctor carries out a surgical procedure, they have failed in their responsibilities. It is vital to hold them accountable and seek justice for what happened to you.
If you’ve experienced something similar, it’s easy to feel helpless. However, it’s important to take action and make an effort to put things right. To learn how and to start the process, call Switalskis on 0800 138 0458 or get in touch through our website today.
At Switalskis, our services are focused on people. We know that at the heart of every case, there is a person who was let down by the medical establishment and who is facing a difficult time as a result. We’ll tailor our approach to your needs and the outcomes you want to achieve, to make sure we’re always pushing in the same direction together.
To start, we’ll have a detailed conversation about your experiences, the injury you sustained and the circumstances around it. This will tell us whether you have a claim and how much compensation you might be owed. It’ll also let us know whether there is any emotional support we can provide to help you through your recovery.
If we decide to proceed, we’ll start to build your claim. That means gathering evidence to show what happened to you and prove that medical professionals failed in their duty of care to you. We’ll review medical records, speak to eyewitnesses and independent experts, and collect any other types of evidence we need to build you the strongest possible case.
If your claim goes to court, we’ll represent you and present your case in the strongest terms. We’ll always take whatever steps we can to secure the maximum amount of compensation you’re entitled to, and to bring your claim to a successful conclusion.
Informed consent is a fundamental principle in the UK healthcare system that makes sure a patient understands the benefits, risks and alternatives to a type of medical treatment. This commonly refers to surgical procedures, which often pose the highest levels of risk, but could also be necessary when you’re prescribed a particular medication or under other circumstances.
To gain a patient’s informed consent, a medical professional must provide all the necessary information to allow them to make an informed decision about whether to go ahead with the treatment or not. They must explain the diagnosis and what the treatment involves. From there, they must weigh the risks against the benefits and discuss this with the patient, before answering any questions that arise as a result. Finally, the patient is allowed to make their decision.
If a patient isn’t given all the information, or is subject to coercion or undue influence when making their decision, it may be ruled that the patient was not able to give their informed consent for the procedure or course of treatment to go ahead. Alternatively, if certain risks are downplayed or dismissed, or if the patient is simply never given the opportunity to consent, this can result in a compensation claim.
Finally, if a patient lacks the mental capacity to make decisions for themselves, there are legal procedures that must be followed. If doctors fail in this regard and the patient is injured, they may be entitled to compensation.
To make a claim, it is not enough to be able to demonstrate that you were not able to give informed consent before a procedure went ahead. While this certainly highlights a failure on the part of the medical professionals responsible, it doesn’t entitle you to compensation.
You must be able to show that you suffered harm during the surgery or due to the medicine you were prescribed, and that you were unaware of the risk before the course of treatment went ahead. If you’re unsure whether your situation entitles you to make a claim, get in touch with our solicitors today and we’ll advise you on your eligibility to claim.
If you had an operation without being made aware of the risks and were injured, talk to Switalskis today on 0800 138 0458 .
There are often a lot of factors at play when a medical professional carries out a procedure without your informed consent. Everything from the injury you sustained to the circumstances surrounding it can affect whether the practitioner or NHS Trust in question accepts liability. In turn, this will affect how the claims process will proceed.
While the details are different in every case, the structure of a compensation claim is often the same. In most cases, your claim will proceed as follows:
We’ll stay in touch and provide regular updates during your claim so you’ll always know where things are up to. Your solicitor will remain committed throughout the process, no matter what happens. Switalskis will always strive to conclude proceedings as soon as possible and secure the highest amount of compensation that you’re entitled to claim.
There is almost always a time limit that applies when you want to make a clinical negligence compensation claim. Usually, this is a three-year span known as a “limitation period”, which begins from the date that the procedure went ahead without your consent. However, if your injury did not arise until later, or if symptoms were not immediately clear, the limitation period might begin from the date you realised that the surgery was responsible for your injury.
The three-year limitation period may not apply in cases involving:
It can be hard to understand how the rules apply to you without relevant legal experience. Speak to the solicitors at Switalskis today to learn more about whether you’re eligible to claim. If you are, we can get the process started straight away and make sure that we meet any relevant deadlines that apply.
Sometimes, people are apprehensive about the prospect of making a compensation claim because they are worried about what it will cost them if they lose. At Switalskis, we don’t feel that anyone should be kept from seeking justice because of their financial circumstances. Thankfully, for medical negligence claims, there are several ways to fund a claim that limit any financial risk to the claimant.
ther types of funding may also apply, and when you call us to discuss your case, we’ll talk you through these options. That way, we can help you to determine which is the best source of funding for your particular claim.
If you feel that you’re entitled to compensation due to a medical professional’s failure to obtain your informed consent, get in touch with Switalskis today. We can talk about your situation, let you know whether you can claim and get the process started.
Call us on 0800 138 0458 or get in touch through the website at your earliest opportunity.