Medical Treatment - Have I Really Given Consent?

• Published date: 19 August 2022
• Law Firm: Lanyon Bowdler
• Author: Ms Kate Ivey

It is common knowledge in the UK that patients have a right to accept or refuse medical treatment, placing an obligation upon healthcare professionals to obtain their patients' consent prior to undertaking any tests or procedures, but the validity of consent will be nullified if certain essential elements of the consent process are not present. This can have obvious implications for those who have suffered injuries as a result of treatment and may be considering pursuing a claim for clinical negligence.

How is informed consent obtained?

Consent need not be in writing, and for minor tests and procedures of a straightforward nature, verbal consent would typically be given following an explanation by a healthcare professional about the procedure and the reasons for it. Alternatively, you may imply your consent through your actions, e.g. attending your GP with some form of sickness implies that you wish to be treated for it.

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