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Introduction

In the shorter Oxford dictionary, consent is defined as “the voluntary agreement to or acquiescence in what another person proposes or desires; agreement as to a course of action.”

In the medical context and as the law on consent to medical treatment has evolved, it has become a basic accepted principle that “every human being of adult years and of sound mind has the right to determine what shall be done with his or her own body.” Clearly physicians may do nothing to or for a patient without valid consent. This principle is applicable not only to surgical operations but also to all forms of medical treatment and to diagnostic procedures that involve intentional interference with the person.

That consent to treatment was lacking or inadequate continues to be a frequent claim against physicians. Obviously it is important therefore that physicians be aware of their legal obligations in obtaining consent from patients. It is hoped this booklet will assist in strengthening this awareness. It is not intended as a legal treatise on the subject of consent but rather as a practical guide for physicians in their day-to-day dealings with patients.