ABSTRACT

This chapter describes the importance of patient consent and then explains who should gain patient consent. Healthcare practitioners owe a duty of care to the patient to ensure that consent is gained prior to any treatment or clinical procedure that involves touching the patient. Not all treatments and procedures will, however, require written consent; in certain circumstances, verbal or implied forms of consent will suffice. For consent to be valid, three requirements must be met. The patient or proxy/person with parental responsibility must: give consent voluntarily; receive relevant and adequate information to inform the decision; and have the capacity to make the required decision. The chapter further discusses the Mental Capacity Act 2005 that applies to people aged 16 and over and also summarizes its principles. The Mental Capacity Act 2005 emphasizes the importance of helping people to make their own decisions. The chapter finally describes the principle of necessity in an emergency situation.