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Informed Consent Negligence

How long will my claim about informed consent take


How long will my claim about informed consent take

It is difficult to say how long these claims may take because each case is unique and will depend on its own specific facts. To a certain extent these claims will turn on determining potential differences of opinion or differences in the recollections of what may or may not have been said by the doctor and the patient during discussions before undergoing the treatment which has caused the harm. It may be that this issue ultimately has to be decided by a Judge at Trial.

The investigation of such a claim will, involve obtaining copies of your medical records (as these should provide some documentary evidence of the content of any informed consent discussions), witness statements from you (and anyone else who was present with you when these matters were discussed with the doctor) and expert evidence from independent medical experts (who will be able to give some guidance as to what information and guidance that particular patient should have been given by their doctor about risks and treatment options in that patients specific circumstances) to determine  if there is a potential case to be answered by the other side. If your claim has reasonable prospects of success; and if you suffered harm as a consequence of the procedure performed, then we will need to obtain evidence to determine what treatment you might need now and in the future and what other losses (e.g. financial losses) you have suffered as a consequence of the alleged negligence.

As can be seen, all this takes time, but this information is vital to allow us to properly investigate your claim and recover the appropriate amount of damages to which you may be entitled as a result of the negligence. The stance of the other side can also affect the time a case of this type may take to settle. Sometimes, if the other side accepts our factual version of events, the independent medical evidence and our valuation of the case, then in these circumstances the claim may settle more quickly than in cases where liability is denied.
These types of claims can sometimes be settled through negotiation even if liability is denied by the other side, but some can, and do go to trial. We will always aim to settle your case as soon as possible, but our priority is ensuring that you receive our best advice and we ensure that we fully investigate your claim so as to achieve the best possible outcome for you based on the evidence.

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