Medical negligence

Changes to consent to medical treatment

Following the Supreme Court decision in Montgomery v Lanarkshire Health Board (2015) the law relating to informed consent has been redefined. Before the change, it was down to the clinician to decide how much information to give a patient (providing that decision would be considered reasonable by a responsible body of medical opinion, the Bolam test). Post Montgomery, clinicians must ensure that their patient is fully informed about any potential risks to the proposed treatment, and of any alternative treatment options.

Healthcare through technology

The issues facing the NHS, both now and in the future, are wide and in some instances complex. According to the King’s Fund, an independent charity working to improve healthcare in England, there are demographic changes in the UK meaning that there is an ageing population and more people are facing chronic diseases which is placing greater strains on the NHS. In addition, it is widely reported that the NHS is facing funding shortages which will add further pressures to its ability to provide necessary healthcare.

Can I complain about a doctor or hospital while I am undergoing treatment?

You can complain about your treatment while it is ongoing if you are concerned about any aspect of your care. In fact, the sooner you raise an issue, the more likely it is to be resolved quickly. It is understandable that you may feel embarrassed about complaining while you are in the middle of treatment, particularly if it concerns either a doctor or nurse, but a complaint is not the same as a legal claim.

What is the Compensation Recovery Unit?

The Compensation Recovery Unit (CRU) is part of the Department for Work and Pensions (DWP). If you are injured either through accident or disease and make a successful claim for compensation, the CRU must be notified of the details of your claim by the organisation (or person) paying the compensation (the compensator). The CRU records all welfare benefits you receive as a result of your injuries.
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