Failure To Obtain Informed Consent
At Damien Tansey Solicitors LLP, our specialist medical negligence team has extensive experience in claims arising from failure to obtain informed consent, where healthcare providers—whether surgeons, doctors, or hospitals—did not adequately explain the risks, benefits, alternatives, or nature of a proposed treatment, procedure, or surgery before proceeding. Informed consent is a fundamental legal and ethical requirement: patients must be given clear, understandable information in sufficient detail to make an autonomous decision, including potential complications, side effects, success rates, and reasonable alternatives (including doing nothing). Failures often occur in surgical cases (such as elective cosmetic procedures, spinal or orthopaedic operations, hysterectomies, or emergency interventions), diagnostic tests, medication prescriptions, or maternity care, where patients later suffer harm they were not warned about or would not have consented to had they been fully informed. These breaches can lead to physical injury, psychological distress, loss of bodily function, unnecessary procedures, or worsened outcomes, compounding the impact when the treatment itself was negligent or went wrong.
Our firm recognises how deeply violating it feels when trust in a healthcare professional is broken through inadequate or absent consent discussions: patients place significant faith in doctors to act in their best interests, and being left uninformed about material risks can cause lasting emotional harm alongside any physical consequences. Senior Partner Damien Tansey SC and our dedicated solicitors provide sensitive, supportive representation, understanding the anger, regret, and sense of betrayal that often accompany these cases while pursuing justice with rigour.
We work closely with leading independent medical experts to review consent forms, consultation notes, medical records, and clinical guidelines, assessing whether the information provided met the required standard (as established by Irish law and cases such as Dunne v National Maternity Hospital and subsequent authorities) and whether the lack of proper consent directly contributed to the harm suffered. Many failure to obtain informed consent claims are handled on a no-win, no-fee basis, allowing patients to seek redress without upfront financial risk, particularly when dealing with the aftermath of unwanted or poorly explained treatment.
We offer free, confidential initial consultations at a convenient time and location anywhere across Ireland, from our Sligo and Dublin offices or elsewhere, with no obligation to proceed. Strict time limits apply under Irish law—typically two years from the date of knowledge of the negligence—so it is essential to contact us as soon as possible to protect your rights and preserve your claim.
Let Damien Tansey Solicitors LLP, a leading Irish firm in medical negligence with a strong focus on patient rights and accountability in consent processes, guide you through the process to obtain the answers, validation of your experience, and substantial financial compensation you deserve following a failure to obtain informed consent.
