DOES SIGNING A CONSENT FORM BEFORE AN OPERATION PRECLUDE YOU FROM CLAIMING COMPENSATION FOR NEGLIGENCE AND MEDICAL MALPRACTICE

This is a very interesting question and it is not unusual for those injured through poor and negligent medical practices to be under the impression that a case for compensation cannot be brought because of a signed CONSENT to the medical procedure. Not so.

The issue is one of “Informed Consent” ie. have the risks inherent in the procedure been advised to the Patient and, with the benefit of this information and knowledge, has the Patient given informed consent.

Informed Consent given in such circumstances is consent to the procedure and any inherent risks but is not an agreement to be exposed to medical negligence or malpractice in the conduct of the procedure. The existence of the Patient Consent does not exonerate the Medical Professional from a liability to compensate in the event of such negligence or malpractice.

Further, there is a body of Case Law which provides that a Medical Practitioner may be liable where a Patient suffers from a recognised complication or side effect of a medical procedure in circumstances where the inherent risks were not explained to the Patient so that his or her Consent could not be said to be fully informed. In such circumstances, the question is whether the Patient was left to make a choice without being fully informed.

*A Solicitor may not charge fees or levy other charges as a percentage of any award or settlement.

In contentious business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement

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