ABSTRACT
Consent is a defence to a civil claim for trespass and to a charge of battery. However, if sufficient information is not given to the patient this may constitute a breach of duty of care and the patient may make a civil claim for compensation, if they were injured as a result. Any health professional that went against the doctor's advice and informed the patient may face disciplinary action. Where the health professional considers that limits on their ability to give patients the time or information they need is seriously compromising the patient's ability to make an informed decision, they should raise their concerns their manager or employer. In assessing the risk to an individual patient, the health professional must consider the nature of the patient's condition, their general health and other circumstances. The health professional must use clear, simple and consistent language when discussing risks with patients.
