Were you properly informed of the risks?
However, it can be acceptable for a professional to perform a procedure without consent—such as in an emergency or under mental health legislation.
To make a successful claim, you need to be able to show that you would not have consented to the procedure if you were properly warned of the risks and potential complications. These types of cases can include:
- lap-band surgery for weight loss
- scarring and injury following breast surgery
- unimproved or worsened vision following eye surgery
- change in skin pigmentation after facial laser treatment
- nerve damage.
Did you sign a consent form?
Before a planned procedure, the surgeon will ask you to read and sign a consent form. By signing the legal document, you give the surgeon permission to perform the procedure. However, the form is only legal if you have been adequately warned of and understand the risks and possible complications. A nurse or administrator may not get your consent—this has to come from the doctor.
If you don’t fully understand the information about a procedure, then say so. You can always ask for more information if you have doubts, or ask the doctor to explain it in simpler or different terms.
Why Maurice Blackburn?
We know that informed-consent issues can have devastating consequences. If you or a loved one has experienced this type of malpractice, our team can help you understand your legal options to achieve the best possible outcome.
We are Australia's leading medical negligence law firm and have a team of dedicated professionals who only handle medical malpractice claims. This team has successfully represented hundreds of patients and their families in complex and sensitive cases.
Medical malpractice laws are different across states and territories, so it's important to have a local lawyer with national resources. That's why we have offices in Melbourne, Sydney, Brisbane, Perth, Adelaide, Darwin and throughout Australia.
If you think you have experienced medical malpractice, talk to us today to find out how we can help you.
We provide our medical negligence legal services on a 'no win, no fee'* basis. This means that you will only pay our legal fees if you receive a settlement or compensation. You would not be charged our fees if the claim is not pursued after investigation.
All you need to know about medical negligence
If your health care professional, hospital or other facility breaches what’s known as their duty of care, you may be able to make a claim for compensation.