What is consent?

• Consent: permission for something to happen or agreement to do something

What is valid consent?

• Given freely without duress or coercion
• Legally capable of consenting
• Cover the intervention/procedure
• Informed
• Enduring

Legal reasons for consent

• Battery: unlawful touching
  • Could apply if you act without a valid patient's consent
  • The patient need not be harmed by the procedure to claim damages if battery is proved
• Negligence: could apply if relevant (or the right amount of) information is not provided

Consent vs contract

Contract

• Agreement to do something or allow someone to do something to them
• Withdrawing can have consequences (e.g. financial penalties or other compensations)
• It is binding

Consent

• Agreement to do something or allow someone to do something to them
• Can be withdrawn by the consented anytime without penalties
• Withdrawal of consent must be respected immediately