Medical guidelines for informed consent and patient decision making
Consent is a fundamental legal and ethical principle. All patients have the right to be involved in decisions about their treatment and care and to make informed decisions if they can. The exchange of information between doctor and patient is essential to good decision making.
For consent to be valid, it must be given voluntarily and freely, without pressure or undue influence, by an appropriately informed person who has the capacity to consent to the intervention in question.
In adults, consent may only be provided by the patient, someone authorised under a Lasting Power of Attorney, or someone with court-appointed authority to make treatment decisions.
Consent is not a one-off event — ongoing discussion is needed as treatment evolves. Explicit or implied patient consent is needed for all examinations, treatments, or interventions.
Consent is required for all examinations, treatments, or interventions, with exceptions only for emergency treatment or when prescribed by law (e.g., compulsory treatment under mental health legislation).
When a person actively agrees verbally or in writing. Although a patient can give consent verbally, you should make sure this is recorded in their notes.
Signalled by the behaviour of a person who is aware of and understands the proposed course of action. For quick, minimally invasive interventions, it may be reasonable to rely on non-verbal consent.
The exchange of information between doctor and patient is central to good decision making. It's during this process that you can find out what's important to a patient, so you can identify the information they will need to make the decision.
You must respect a competent patient's decision to refuse an investigation or treatment, even if you think their decision is wrong or irrational. You must not assume a patient lacks capacity simply because they make a decision that you consider unwise.
In an emergency, decisions may have to be made quickly so there'll be less time to apply guidance in detail, but the fundamental principles remain the same.
You must presume a conscious patient has capacity to make decisions and seek consent before providing treatment or care, even in emergencies.
If a patient lacks capacity and it's not possible to find out their wishes, you can provide treatment that is immediately necessary to save their life or prevent serious deterioration.
If there is more than one option, the treatment you provide should be the least restrictive of the patient's rights and freedoms, including their future choices.