As a doctor, you do not have free rein to do what you like to patients. Even if you believe that a particular treatment is precisely what they need, you usually need to get their permission before proceeding.
You also need to ensure that they have the appropriate facts to enable them to decide whether to consent or not. “Trust me, I’m a doctor” does not cut it. The law requires patients to give you their ‘informed consent”. In other words, their yes comes from a place of understanding about what they are saying yes to.
You need to record it
You cannot just claim you had their consent. You need to make a record to show that you have it. This must show that you explained the following:
- the nature of the procedure
- the risks and benefits and the procedure
- reasonable alternatives
- risks and benefits of alternatives
- assessment of the patient’s understanding of elements 1 through 4
Having this proof could be crucial if the patient or someone close to them later claims you never had consent.
Occasionally you might not need consent
Exceptions when you may be able to proceed without informed consent are:
- If there is no time to seek consent because acting fast is a matter of life or death
- If the patient has already signed to waive the need for consent
- If the patient is incapacitated and cannot give you their consent
Note, however, that in some cases, you might be safer getting the consent of someone else such as a family member. Children also cannot give you their consent, so you should instead seek it from their parents.
Failing to get informed consent when necessary is a breach of your duty which could jeopardize your license to practice. It could also leave you more vulnerable to a claim of negligence if the patient suffered harm as a result of your actions.
