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If you, or a member of your family, have undergone medical treatment without giving formal consent for the treatment, then you may have cause for claim compensation. This is true irrespective of the outcome of the medical treatment.

Hugh James’s consent to treatment team are specialists in making such claims on behalf of patients and their families.

We have built up considerable expertise in the investigation and analysis of claims, and the methodology of pursuing them in the most effective way.

Key contact

Ruth Powell


Ruth is a Partner and Head of our Clinical Negligence Department. She has exclusively practised in clinical negligence since qualifying in 1995 and has a wealth of experience in complex and high value clinical negligence claims.

Consent to treatment defined

Consent to treatment is the principle that a patient has to give express permission before any medical treatment can be carried out on them.

The type of treatment being carried out is important as consent is needed for anything from a blood test to a major operation.

Consent can only be said to have been given if it is both:

1. Voluntary

The decision to consent or not to consent to treatment must be the patient’s own decision and not be as a result of any persuasion by medical staff, friends or family.

2. Informed

The patient must be given full information about what the treatment he/she is having, the benefits and risks of the treatment, any other alternatives to the treatment and what may happen if the treatment does not go ahead.

The only circumstances where treatment can go ahead without the patient’s consent is if that patient does not have mental capacity in order to make a decision regarding their treatment. If the doctors then feel that the treatment is in their best interests, the treatment may go ahead.

Treatment may also be carried out in order to save a patient’s life. In other words, if the patient is unable to give consent because he or she is mentally or physically incapacitated, treatment may be carried out if it is lifesaving.

If you believe that you have received treatment for which you did not provide consent, you may be able to pursue a legal claim against those who provided the treatment.

Hugh James negligence experience

Over the years the medical negligence experts at Hugh James have successfully recovered damages for many patients and have become experts in this field of medical negligence.

We have built up considerable expertise in the investigation and analysis of claims, and the methodology of pursuing them in the most effective way.

We treat every client with sensitivity and care, whilst aiming at the same time to deliver results including the highest financial settlement possible.

We are able to assist you on a no win, no fee basis.

If you or a member of your family has been treated without giving your formal consent to treatment, contact our friendly and approachable team today.

If after talking to us, you decide not to take matters further you are under no obligation to do so and you will not be charged for our initial advice session.

We are dedicated to your best interests and can advise you on how to proceed.

Next steps

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