ABSTRACT
Informed consent is the legal process that protects a patient’s right to know the risks, benefits, and alternatives of all treatment options, including no treatment. Many healthcare providers (HCPs) do not fully understand the importance of the informed consent process and that it is not simply the patient’s signature on a form. Furthermore, the nurse or other designee too often has the patient sign the informed consent form and witnesses the patient’s signature without really knowing whether the patient has, in fact, received from the HCP the information required to give informed consent and whether the patient appeared to understand, had an opportunity to ask questions, and gave consent. Failure to properly obtain informed consent prior to any treatment or procedure requiring it could result in litigation. This chapter will discuss the concept, process, and limitations of obtaining informed consent, and the elements of proof in cases alleging a lack of informed consent will also be discussed.
