Informed Consent

Informed consent is the process whereby a medical doctor or healthcare provider notifies a patient, client or research participant of the potential benefits, major risks, costs and alternatives involved in any surgical procedure, medical procedure, or other course of treatment. Informed consent must be given willingly by the participant who is competent to make such a decision. It cannot be given by a minor or by someone who has a serious mental disability. In this case the parent, legal guardian or the authorized court representative must consent to treatment.

Included in the informed consent is information about the possible risks, benefits and treatment options. Participants must also have the chance to ask questions, to discuss the plan with their doctor and family, and to decide if the treatment is in their best interest. Informed consent is generally given in writing on a consent form. This document, once signed, notifies the doctor you are ready to proceed with their treatment plan. In some cases, you may sign for one certain procedure or treatment, or you give general approval for any treatment or procedure the health provider decides is needed.

The notion of informed consent is based on the expansion of duties of the physician to disclose information. In 1957, the Supreme Court of California first recognized the concept of "informed consent" in Slago v. Leland Stamford Jr. University Board of Trustees 317 P. 2d 170 (Cal. Ct. App. 1957). Prior to this decision, the doctor did not have the obligation to inform their patients of the risks of a proposed treatment or possible alternatives. With this new notion, the idea that the patient has a right to control their own body has prevailed. According to the court's decision, "Every human being of adult years and sound mind has a right to determine what shall be done with his own body." Now the court recognizes it is the patient, not the doctor, who has the ultimate authority to decide what treatment they would like to undergo.