Consent cases

“It is a mistake to view patients as uninformed, incapable of understanding medical matters” and that “an adult person of sound mind is entitle to decide which, if any, of the available forms of treatment to undergo, and her consent must be obtained before treatment interfering with her bodily integrity is undertaken.

The case of Montgomery v Lanarkshire Health Board [2015] changed the landscape for clinical negligence cases concerning consent. Greater emphasis is now placed on patients making an informed choice based on knowledge of the risks and benefits of potential treatments. It is no longer simply a matter of “doctor knows best” and clinicians are under a duty to ensure patients are fully informed of risks they are likely to attach significance to.
More in depth analysis is available on our Blog - New Rules: Patient Consent and Personal Autonomy.


Case studies

Lack of informed consent for vasectomy

A GP claiming to have a specialist interest in vasectomy, had failed to warn of a risk of at least 5% of chronic/long term pain from a vasectomy. The gentleman was 52 when the vasectomy was carried out and maintained that he and his partner would have opted for alternative contraceptive methods if they had been properly warned of the risks of chronic pain. Due to complications a total of 4 operations were carried out, but unfortunately the operations were unsuccessful in alleviating the pain, which was anticipated to be permanent. The pain interfered with social activities, ability to work and the man’s sex life. Settlement was eventually agreed for £27,500 without an admission of liability.

Lack of consent for foot surgery

A lady pursued a case against Oxfordshire University Hospitals NHS Trust. She contended that the surgeon had proceeded with aspects of surgery on her foot which she had not consented to. She sustained nerve damage and disability which restricted her ability to walk and work. She could no longer play sports such as badminton which she had previously enjoyed at a competitive level. The matter won at Trial and damages were awarded in the sum of £150,000.

What can I claim?

The value of your claim will depend on a number of factors including:

  • The nature of the injury or illness
  • Whether you recover fully from the injury or illness or if it has a long term effect on your health and wellbeing
  • The amount of any losses you incur as a result of the injury

You can claim compensation for the following things if they are a result of your injury:

  • Pain, suffering and loss of amenity
  • Loss of earnings
  • Medical and nursing care costs
  • Special equipment needed to carry out daily activities and any costs involved in adapting your home
  • Other expenses incurred as a result of your injury, for example, travel expenses incurred whilst receiving medical treatment.

Contact us to speak to one of our specialist lawyers in total confidence and they will discuss the details of your claim.

Here to Help

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We have legal experts near you

If you are interested in understanding how Taylor&Emmet can help you with your medical negligence claim then please contact:


James Drydale

James Drydale

Head of Clinical Negligence

Call 0114 218 4058

Email James

Office: Sheffield

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