Medical Consent

What Is Medical Consent?

The medical definition of consent is the legal approval (typically in writing) that a patient gives to a physician regarding health care decisions.

Physicians are required to provide information regarding different treatment options and answer any questions truthfully that a patient may have.

Different types of medical consent can be given, such as:

• Informed medical consent
• Child medical consent

Medical consent laws vary state by state, but they generally require that both parties understand the nature of the treatment being provided, its risks, benefits, and alternatives.

You have the right to make an informed decision about any medical treatment or procedure, and this can only occur when you can understand what it entails, as well as its risks and benefits.

Informed Consent Law

Informed consent is a legal concept that applies to medical procedures.

The informed consent law requires that all patients understand the risks, benefits, and alternatives to any medical procedure before agreeing to it.

For decisions regarding health care decisions for minors, a child medical consent form should be used to provide consent.

For a physician to obtain general consent for medical treatment from a patient or parent, the physician should do the following:

• Ensure the patient can understand all the key medical information as well as different options, and the consequences of those treatments.
• Give all information accurately, and respect the patient’s preferences.
• The diagnosis, reason for treatment, as well as risks and benefits involved must be given to the patient.
• Record the patient’s or parent’s decision.

All information that is written should be given with clear readability so that there is no confusion on the patient’s part.

Both physicians and patients need to demonstrate that there is consent to treat by using a medical consent form.

Informed consent laws by state

Certain states have laws regarding informed consent. Below is a table with states that have informed consent statutes.

Emergency Medical Consent

Some circumstances may allow a physician to provide treatment to a patient without informed consent.

This is especially true if an advance directive was not created detailing what treatments to provide in these moments.

These instances include:

• The patient is incapacitated: In a situation when a patient cannot give consent and has not named a decision-maker, treatment may be given right away.
• Medical emergencies: During medical emergencies that require immediate treatment, without time for discussion of alternative treatments or risks with the patient.
• Waived Consent: Patients can waive their right to information regarding medical treatments.

Preparing a living will dictates what treatments you receive if you become incapacitated.

Additionally, by adding a living will to a medical power of attorney, you can be in full control of your healthcare preferences if you ever become unable to communicate.

Child Medical Consent

A minor is defined as someone under 18 years old. Minors are not usually capable of giving informed consent to medical treatment.

This is why you should prepare a Medical Consent Form for your children, to ensure your child receives the medical attention necessary if they become involved in an accident or fall ill.

Parents can useChild Medical Consent Forms to appoint other individuals with the power and authority to make health care decisions for their child if a life-threatening emergency arises.

If you are not available, this form can help ensure your child receives the required medical attention.

Helpful Resources:

AMA - What is informed consent

AMA - Code of Medical Ethics: Consent, communication & decision making

NIH - Informed Consent

Mayo Clinic Proceedings - Medical Informed Consent: General Considerations for Physicians