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Faculty of Learning

Consent

Between 1 April 2014 – 31 March 2019 there were 1194 claims for consent with a cost of £202 million. Consent claims occur across all specialities but are more prevalent in surgical specialities and obstetrics and gynaecology. More than 50% of the consent claims managed by NHS Resolution are for the specialities of orthopaedic surgery and gynaecology.

Consent claims often centre on the information provided (or lack of) to patients for them to make an informed decision about an intervention. This can included insufficient information, omission of some risks (including the risk that treatment may not achieve its intended aims), an unbalanced presentation of information and directing patients towards a particular treatment choice.

This module contains 4 learning resources.

Video

An introduction to Nadine’s story

An introduction to Nadine’s story from Tim Shurlock, NHS Resolution. We have also created a video on the legal context of consent.

Faculty of Learning resource

Video

Consent – Legal context

Ian Long gives some legal context on the issue of consent. This video is part of a series on the Montgomery ruling. Also in this series are Nadine’s story and an introduction to the case by Tim Shurlock.

Faculty of Learning resource

Video

Nadine’s story – Consent

Nadine Montgomery presents her story that led to the landmark ruling on consent (Montgomery v Lanarkshire Health Board [2015]). We have produced a short introduction to this video and also a video on the legal context of consent.

Faculty of Learning resource

Leaflet

The benefits of supported decision making (consent)

We received 1,223 claims for incidents occurring between 2012 and 2017 that have cost the NHS £233 million so far. Of these cases, 728 claims are under review due to the complexities around consent. Consent can be a common contributing factor in many claims. This …

Faculty of Learning resource