Consent-related claims
Consent-related claims

Consent-related claims

Browse similar topics:ConsentMedico-legal
What are the main issues driving member consent-related claims? Find out the underlying themes across all specialties and insights to reduce your risk of these types of claims, in our analysis.
OverviewPractice points
  • Consent is an essential part of clinical care. While it is not always the primary cause of a claim, it is frequently a contributing factor, underscoring its importance in reducing medico-legal risk.
  • Cases involving consent as a contributing factor included those where the main issue related to the procedure/surgery, practitioner behaviour, or medication.
  • The recurring concern was that patients received insufficient information.
  • The most frequently reported gaps in information related to explanations of risks, details about the procedure, treatment or test, alternative options, and fees.
  • In almost half of consent claims, care was assessed as not meeting expected standards.
  • A thorough, ongoing consent process is important across all aspects of care, not only procedures.
  • Ask yourself:
    -Information – Does your patient have enough?
    -Capacity – Is your patient able to make this decision?
    -Voluntariness – Is your patient making this decision freely?
  • As well as general risks, discuss the risks that are significant to your patient (‘material risks’).
  • Providing information alone is not sufficient — ensure the patient understands what has been discussed.
  • Document consent discussions including the information you provided to your patient.

All data is based on Avant claims and complaints closed from 1 July 2020 to 30 June 2025.

1 in 6 claims involved consent

Consent was a concern across a wide range of claims including about a procedure or surgery, practitioner behaviour (e.g. tests, physical examinations) and medication.

In most cases, it was a contributing factor to the claim rather than the main cause.                                                                                      

A pie chart showing 65%, consent is a contributing factor and 35%, consent is the main issue. Of the 65%, consent is a contributing factor, 56% is procedural/surgical, 14% is practitioner behaviour, 14% is medication related and 16% is other.



Procedural/surgicalPractitioner behaviourMedication related
Main issue
often raised
  • cases where outcomes did not meet patient expectations
  • concerns about the appropriateness of the surgical approach
  • issues about tests and inappropriate examinations
  • poor communication
  • prescribing issues
  • concerns about drugs of dependence
Most common consent issue
  • inadequate or no discussion of associated risks
  • consent was not obtained
  • lack of clear explanation of the test or examination
  • inadequate discussion of the risks associated with the medication

Across these claims, insufficient provision of information was the predominant issue.

  • 91% of consent claims related to provision of information. Other issues involved capacity and documentation.
  • The most common information gaps related to: the risks involved, explanation about the procedure, treatment or test, available options and clinical fees (e.g. no financial consent, incorrect quote, unhappy with fees charged).
  • Not obtaining consent was another significant concern.
Bar chart showing 51% risk not discussed/inadequate discussion, 30% consent was not obtained, 25% failure to provide a clear explanation, 17% inadequate discussion of options and 5% poor financial consent/non-disclosure of fees.

 (% of issues related to provision of information. Each claim may have more than one consent allegation.)

Assessment of the care provided

Experts and/or regulators assessed the care provided in consent claims, with the following results:

Chart showing 52% met the standard and 48% below standard.

 (% of complaints/claims where the assessment of the expected standards on the main factor is known.)

About this analysis

This report is based on our analysis of the underlying themes in nearly 16,000 claims for Avant member doctors from all specialties, including complaints to regulators and compensation claims finalised between 1 July 2020 and 30 June 2025. 

Claims involving consent were classified as those for which an issue with consent was the main or contributing factor.

More information

If you receive a claim or complaint, contact us on 1800 128 268 for medico-legal advice on how to respond- available 24/7 in emergencies.

Avant’s Risk Advisory Service provides personalised support to help proactively reduce your exposure to claims. You can benefit from a personalised risk assessment with a focus on strategy to improve your medical records. Contact us at Risk.Advisory@avant.org.au Risk.Advisory@avant.org.au or visit Risk Advisory Services - Avant.

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IMPORTANT: Avant routinely codes information collected in the course of assisting member doctors in medico-legal matters into a standardised, deidentified dataset. This retrospective analysis was conducted using this dataset. The findings represent the experience of these doctors in the period of time specified, which may not reflect the experience of all doctors in Australia. This publication is not comprehensive and does not constitute legal or medical advice. You should seek legal or other professional advice before relying on any content, and practise proper clinical decision-making with regard to the individual circumstances. Persons implementing any recommendations contained in this publication must exercise their own independent skill or judgement or seek appropriate professional advice relevant to their own particular practice. Compliance with any recommendations will not in any way guarantee discharge of the duty of care owed to patients and others coming into contact with the health professional or practice. Avant is not responsible to you or anyone else for any loss suffered in connection with the use of this information. Information is only current at the date initially published. © Avant Mutual Group Limited 2026.