Failure to explain risks


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A medical professional should fully inform you of the risks that you will face prior to any treatment and/or surgery, to allow you to make an informed decision. Failure to do so means that any consent you provide will not be valid and the health professional may be liable for negligence.

A medical professional is also under a duty to tell a patient if something has gone wrong in their treatment and failure to do so may also be negligent.

In order to make a claim of this type, you must have suffered harm as a direct result of the professional’s failure to inform you.


Case study

In a recent case, The Medical Mistake Helpline acted for Mr. P. He underwent cataract surgery during which the lens fragmented and entered into his eye, causing partial blindness.

Mr. P had been informed that this was a potential risk but had not been advised that the hospital lacked the equipment or the specialists to rectify the damage in the event that this risk occurred. Had he been given all the information, Mr. P would not have consented to the operation.


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