Consent: basics


Obtaining valid consent from patients prior to any medical or dental intervention is an ethical and legal requirement of all healthcare professionals. All patients have a basic human right of autonomy – and this includes the choice to refuse any treatment or other medical intervention even if doing so could lead them to harm or death. Denying that right by disregarding the requirement for valid consent breaks the trust upon which the patient relationship is based. Failure to obtain patient consent can also leave the healthcare professional open to:


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Criminal charges: touching a person without consent constitutes a legal wrong and in rare cases can lead to criminal proceedings. Civil actions for clinical negligence: most common action arising from inadequate consent. Disciplinary proceedings: failure to respect a patient’s right to autonomy can call into question a professional’s fi tness to practise as defi ned by the General Medical Council, the General Dental Council and other regulatory bodies.


For consent to be valid it must be: • • •


Informed: the patient must have been given suffi cient information to make a decision. Competent: the patient must have the maturity and mental capacity to make a decision. Voluntary:the decision must be an expression of the patient’s free will.


4 | Consent


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