Medical negligence and informed consent: an overview

Abstract 

The process of informed consent is central to all clinical practice, and particularly to operative surgery. If complications occur, and surgery has been undertaken without adequate information being provided, patients may potentially bring a claim of negligence. Three separate factors must all be present for negligence to have occurred; it must be shown that a duty of care existed, that this duty has been breached, and that the breach caused harm to come to the patient. For consent to be valid, the patient must have capacity to understand, retain and process the information given; this must include the nature of the procedure, alternative treatment options, and serious or frequently occurring risks. Whilst the use of consent forms is not a legal requirement, trusts invariably insist on it. Consent may be obtained by any suitably trained individual, but it remains the surgeon’s responsibility to ensure this has been done before commencing the procedure.

Keywords: Causation, complication risks, consent, duty of care, medical negligence