ABSTRACT

The requirement that a patient must give a valid consent to medical treatment and its corollary, that it is the patient's prerogative to refuse treatment, even at the cost of their life, are issues at the heart of medical law. In both the National Health Services and in private health care, the patient will be required to sign a consent form. There is a standard form that covers most forms of medical treatment, although modified types of form are used in certain treatments such as sterilisations. Indeed, purely oral consent, at least as regards minor procedures, is commonplace in day-to-day medical practice. As a general rule the state's interest in preserving life is regarded as subordinate to the patient's autonomous decision to refuse life-saving treatment. The essential elements to a valid consent to treatment can be summed up as follows: the patient must consent to the treatment of his own free will, with no duress or undue influence.