What is informed consent?
Informed consent refers to a patient’s right to fully understand and agree to a medical procedure or treatment before it takes place. Ensuring that patients have a good understanding of their treatment options, including risks, benefits and alternatives, as well as the opportunity to ask questions, is part of the provider’s professional obligation to patients.
Typically, medical professionals obtain informed consent in writing, with risks and benefits of the procedure noted at length in a packet of papers. The patient’s signature on these documents – whether they read them or not – attests that they have received and understood the information and wish to proceed with the recommended treatment.
For patients to make an “informed choice” about their treatment, healthcare providers must disclose:
- Your diagnosis. A treating medical professional must tell you the name and nature of your condition. Under informed consent law, healthcare providers are prohibited from withholding this information.
- The proposed treatment plan. The treatment options that your provider wants you to consider must be fully explained. Patients have the right to seek recommendations or opinions from different specialists before making a decision.
- The risks and benefits of the plan. When your provider is discussing treatment options with you, they must explain what the potential risks of treatment are, how likely those risks are to happen, the potential benefits of the treatment and how likely it is to be successful. “Remote risks” (risks considered to be common knowledge or related to factors that the provider was unaware of) do not need to be addressed.
- Alternative options. Your provider may have a clear recommendation for your treatment plan in mind. However, they must discuss all other medically recognized alternatives that you should consider. Your provider must also disclose any risks or benefits associated with this alternative treatment plan.
- What happens if no action is taken. Patients have the right to refuse or delay treatment. However, your treating provider must ensure that you understand the risks and benefits associated with inaction.
How will my provider convey this information?
Medical professionals can use different methods and media to discuss treatment options with patients. Providers may choose to use verbal communication, pamphlets, infographics and videos to explain treatments and procedures to their patients. Providers should make sure that their wording is easily understood by patients. If a language barrier exists between the patient and the provider, the healthcare provider must provide a qualified translator.
When are patients NOT asked to give informed consent?
- When you are incapacitated. If a patient is experiencing a medical condition that inhibits their ability to understand information and make decisions, the provider will need to identify an appropriate surrogate to make decisions on their behalf. This could be a family member, friend, or partner.
- When it’s an emergency. When delaying your care to get informed consent could put your life at risk, providers may not discuss all possible treatment options to perform urgent care. When emergency conditions take place, healthcare providers presume your consent to save your life.
- If the patient is a child. If the patient is a legal minor, the patient’s parent or legal guardian will be the default surrogate and will be responsible for giving informed consent to the patient’s care.
