Informed Consent for Treatment: A Review of the Legal Requirements

A valid consent for treatment must fulfill three basic requirements. First, consent must be given voluntarily without undue influence, coercion or misrepresentation. Second, the person giving consent must be competent and if the patient herself is not competent, the person giving consent in her place must have the legal authority to do so. Third, the consent must be specific to the treatment and those providing it. In addition to these requirements, consent must be informed, which means that the patient must have received sufficient information to make an informed decision. The paper discusses these requirements and how to determine what information must be provided to the patient to ensure that a fully informed decision can be made. All information that a reasonable person in the patient's circumstances would need to make a decision must be provided. This information includes the risks of the procedure, the consequences of declining treatment, alternatives, success and failure rates, recommendations, and any actual or potential conflicts of interest. A physician is responsible for ensuring that this information is provided, and that the patient understands the information. If a patient claims that she has not been properly informed, in a lawsuit she will have to show that a reasonable person in her position would have made a different decision if adequately informed, which is often difficult. However, the consent process is not just concerned with avoiding liability. The education process to inform the patient's choice regarding treatment is a key aspect of the relationship between physician and patient. It highlights the primary importance of good communication and respect for the patient's right to autonomy.