Failure to obtain informed consent

All medical and other health care professionals have a duty to obtain informed consent from their patients to the treatment being proposed before that treatment is carried out. If a practitioner fails to obtain informed consent prior to performing a procedure and one of the events or complications which should have been discussed with you prior to the procedure taking place arises and causes injury to you, you may have a medical negligence claim.

This is a complex area of law though, so you will need the assistance of experienced and skilled medical negligence lawyers.

Failure to obtain informed consent cases can be difficult because what a practitioner should have discussed with a patient prior to a procedure has to be determined from the point of view of peer professional opinion, that is, what other health care providers of the same specialty would have warned of. Also, in some instances obtaining informed consent to perform a certain procedure may not be possible. This is usually seen in circumstances where a patient is under sedation or the procedure is being performed in an emergency context.

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ARE YOU ELIGIBLE
TO MAKE A CLAIM?

If you have suffered an injury, loss or damage as a result of the negligent treatment provided by a doctor, dentist, hospital or other health care provider you may be entitled to a claim for damages.

A poor outcome resulting from your treatment does not in itself establish an entitlement to claim. What needs to be proven is that your treatment was provided in a negligent manner and that the treatment provider breached their duty of care to you.

WHY ARE BRYDENS LAWYERS THE RIGHT REPRESENTATION FOR YOU?

Brydens Lawyers are the experts in the prosecution of medical negligence cases with a dedicated medical negligence department and panel of medical experts available to give evidence in court against doctors, hospitals or other health care practitioners who have been negligent in the treatment of their patients.

Brydens Lawyers specialise in reviewing medical records, liaising with medical experts and explaining complicated legal and medical issues to our clients in a way that they will understand. This is to ensure that clients of Brydens Lawyers are kept fully and properly informed every step of the way so that they can understand the process and what is involved in the bringing of a successful medical negligence claim.

For over 50 years now Brydens Lawyers has been operating a ‘No Win – No Fee’ policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.

WHAT ARE YOU
ABLE TO CLAIM?

The types of damages available in medical negligence claims can include:

– Non-economic loss which includes damages for pain and suffering;

– Past and future medical expenses and out of pocket expenses;

– Loss of income and any damage done to your ability to earn an income in the future;

– Past and future loss of superannuation benefits;

– Past and future paid services such as home cleaning or nursing assistance;

– The value of services provided to you by family and friends without charge;

– Past and future medical aids and equipment such as wheelchairs;

– Home modifications such as those required to make a home wheelchair accessible;

– Vehicle modifications;

– Additional costs incurred in connection with continuing disabilities, for example, additional cost of holidays due to special needs;

– A contribution towards your legal costs and disbursements.

Damages are very specific to each individual’s situation and assessing your claim for damages will be a central part of the service provided to you by our medical negligence team.

WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?

If you have suffered from any form of medical negligence then you need to engage proper legal advice and representation. There are strict time limits around lodging a medical negligence claim, so even if your treatment is ongoing, you must consult a legal representative early to ensure your claim is lodged within the allowed timeframe.

WE DO MEDICAL NEGLIGENCE CLAIMS WELL. HERE ARE SOME EXAMPLES:

– Our client consented to undergo gynaecological surgery to address incontinence associated with pelvic organ prolapse. When she came out of the surgery, she was shocked to discover that a hysterectomy had been performed without her consent. She was entitled to claim for her pain and suffering, past and future out of pocket expenses and past and future wage loss and for any past and future care and assistance.

– Our client consented to surgery to treat a foot infection associated with her diabetes. When she awoke following the surgery, she discovered that half of her foot had been amputated. She was entitled to claim for her pain and suffering, past and future out of pocket expenses, past and future loss of income as well as past and future care and assistance.

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