Online free quote
enquiries@fosters-solicitors.co.uk
01603 620508
Informed consent issues remain at the forefront of medical ethics and legal discussions, particularly when patient autonomy is undermined. If you or a loved one has experienced such a breach, our Medical Negligence Solicitors can provide the support and representation needed to pursue justice.
Under the laws of England and Wales, the principle of informed consent is enshrined in both common law and statutory obligations. It ensures that patients make decisions about their medical treatment freely and with full understanding. Breaching these rights can lead to claims of medical negligence, particularly when consent was obtained through omission, misrepresentation, or pressure.
Informed consent is the process by which a patient voluntarily agrees to a proposed medical treatment after being informed of the risks, benefits, alternatives, and potential outcomes. It is not merely a signature on a form but a continual, communicative process. Without proper consent, a healthcare provider may be liable for battery or negligence.
It is well-established that if a patient can make a decision their choice must be obeyed even if it is contrary to their best interests.
Knowledge and identification of a patient’s treatment options and the risks of treatment options are subject to the long-established legal principle set out in Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 that a doctor should act in accordance with a practice accepted as proper by a responsible body of medical opinion.
The leading case of Montgomery v Lanarkshire Health Board [2015] UKSC 11 reshaped informed consent law in the UK. The Supreme Court held that doctors have a duty to take reasonable care to ensure patients are aware of any material risks involved in any recommended treatment and of any reasonable alternatives. A risk is ‘material’ if a reasonable person in the patient’s position would attach significance to the particular risk. This shifted the standard from the “reasonable doctor” to the “reasonable patient” perspective.
Another very significant case is McColloch v Forth Valley Health Board [2023] UKSC 26. The Supreme Court confirmed in this case that doctors must exercise a reasonable standard of professional skill and judgment when determining what treatment options are ‘reasonable’ in a patient’s circumstances. Once a doctor has identified those reasonable options a patient should be informed of and given the opportunity to discuss all of them.
The Mental Capacity Act 2005 also plays a critical role where patients may lack the capacity to consent, providing a framework for best-interest decisions.
When consent is improperly obtained or not obtained at all, patients may suffer physical, emotional, and financial harm. Legal consequences for healthcare providers can include:
Patient autonomy – the right to make decisions about one’s own body and medical treatment – is a foundational principle of ethical medical practice. Undermining autonomy through uninformed or coerced consent damages trust in the healthcare system and violates personal dignity.
NF consulted a gynaecological surgeon following chronic issues with urinary incontinence. She was advised to undergo a tension-free vaginal tape (TVT) procedure. After the procedure, NF suffered various issues including pain and disruption to her sex life. NF had not been informed that there were reasonable treatment options for her original complaint. In addition, she was not adequately informed of the material risks of the TVT procedure. Therefore, she had not given her informed consent.
If NF had been informed about the treatment options and/or the risks of procedure she would not have proceeded with it. NF instructed Fosters Solicitors to represent her in a claim for damages against the hospital trust and was successful in achieving an out of court settlement of £40,000.
Legal and medical experts emphasise the importance of enhancing the informed consent process. Key recommendations include:
Benefits of proper informed consent:
Challenges in practice:
When medical treatment does not go as planned, obtaining the compensation you deserve can seem daunting, complicated and patients are often left feeling alone. Our specialist Medical Negligence team are here to assist you through the process, working with you to achieve the best possible outcome for your claim.
Contact us for more information.
Informed consent issues occur when patients are not properly informed about the risks, benefits, or alternatives to a medical procedure, leading to decisions that may not align with their values or best interests.
A breach occurs when medical professionals fail to disclose important information, obtain consent from someone lacking capacity, or coerce the patient into making a decision.
Yes, if you can prove that the lack of informed consent led to harm or injury, you may have grounds to pursue a medical negligence claim in England and Wales.
Informed consent is the voluntary agreement to a medical procedure based on full disclosure of material information by the healthcare provider and understanding by the patient.
Only in emergencies or under the Mental Capacity Act 2005, where a patient lacks capacity and treatment is required in their best interest.
This article was produced on the 5th August 2025 for information purposes only and should not be construed or relied upon as specific legal advice.
