We have recovered £50,000 compensation for a mother in a lack of consent to medical treatment claim
Caroline Webber-Brown, a solicitor specialising in medical negligence compensation claims, has recovered £50,000 for a mother who did not consent to medical treatment during childbirth.
During her labour, she asked the obstetrician to stop when a vaginal examination was carried out. However, the obstetrician then went on to perform an episiotomy without any prior discussion with her.
Under the law, patients have the right to consent to treatment. This means that patients must give permission before they receive any type of medical treatment, test, or examination. If their right to consent is not upheld, then they are entitled to make a complaint. If it leads to injury or harm being suffered, then the patient may take legal action to recover compensation.
In this case, Caroline’s client was devastated by what had occurred, as she had been given no opportunity to prepare herself for the procedure. As a result of the trauma, she has been diagnosed with PTSD and suffers anxiety, flashbacks, and heart palpitations whenever she thinks about the birth of her daughter. She is also receiving treatment for post-natal depression. She is taking anti-depressant medication and is attending counselling sessions.
Caroline agreed to deal with the woman’s lack of consent claim on a No Win – No Fee basis. She obtained the medical records, which confirmed that there had been a lack of consent during the labour. The hospital quickly acknowledged that it had been at fault, and an out of court compensation settlement was reached.
