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What is informed consent?
No surgery or medical treatment is without risk. However, before a patient agrees to undergo medical treatment or a surgical or cosmetic procedure, the medical practitioner must warn the patient about the risks to ensure that the patient has given his or her informed consent. The law imposes this duty on a medical practitioners in addition to the medical practitioner’s duty to exercise reasonable skill and care in providing or administering medical treatment.
What constitutes negligence?
Informed consent may require the medical practitioner to provide advice and disclose information about his or her experience and ability to perform a particular surgical procedure. It may also require advice on the detriments of not undergoing a particular treatment, the seriousness or nature of a particular injury or condition and any implications of not having prompt and timely treatment.
If you’ve had a surgical or cosmetic procedure or received medical treatment where you suffered complications you weren’t warned about, you may be entitled to compensation. Failure to warn and informed consent cases are not straightforward, so it’s important that you obtain expert advice from a specialist medical negligence lawyer. We’re here to help, and you can call our free advice line and speak to a specialist medical negligence lawyer at no cost.
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What's the claim process?
We make the claim process easy for you.
What will it cost me?
There are no upfront costs. We’ll provide free claim advice, we’ll cover all the costs to prepare and run your case and we only get paid when you receive your compensation. Also, just like a mobile phone bill, we put a cap on our fees so there are no nasty surprises at the end of your claim. You should feel comfortable that you can speak to your lawyer any time, without worrying about the cost getting out of control.
Where can I find a medical negligence expert in my area?
Law Partners is Australia’s largest specialist medical negligence firm, and we have 25 local offices.
We have solicitors and legal teams who specialise in medical negligence claims.
To find Law Partners offices near you enter your suburb:
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If you don't live close to one of our offices we can provide free advice over the phone, and we can represent you without you having to leave your home. Call 13 15 15 speak to a specialist.