Consent is the principle that a person has to give their permission before they receive any type of medical treatment. Consent is required regardless of the type of treatment being undertaken, from a blood test to an organ donation.
The principle of consent is one of the cornerstones of medical ethics and it is also enshrined (held sacred) in international human rights law.
What constitutes consent?
In order for consent to be valid, it must be both voluntary and informed, and the person consenting must have the capacity to make the decision. These terms are explained below.
- Voluntary - the decision to consent or not consent to treatment must be made alone, and must not be the result of pressure by medical staff, friends or family.
- Informed - the person must be given full information about what the treatment involves, including the benefits and risks, whether there are any other reasonable alternative treatments and what will happen if treatment does not go ahead.
- Capacity - the person must be capable of giving consent, which means that they are able to understand the information that is given to them and they are able to use it to make an informed decision.
There are a few exceptions when treatment can go ahead without consent (see Consent to treatment - how it works).
The main exception for when treatment can go ahead without consent is if a person does not have the mental capacity (the ability to understand and use information) to make a decision regarding their treatment. In this case, the healthcare professionals who are treating that person can provide treatment if they believe that it is in the person’s best interests.
Continue to next section: How consenting to treatment works