Informed consent is a legal doctrine that has been developed by the courts over a number of years. The doctrine of informed consent may have been derived from the Nuremberg Code, which required that doctors obtain the voluntary informed consent of the subject prior to conducting medical experimentation. The Informed Consent Doctrine requires that medical doctors provide a patient with all relevant information about a proposed procedure or treatment prior to obtaining the consent of the patient to carry out the procedure or treatment. Four items of information that must be provided are:
the nature of the procedure
the risks
the benefits
the availability of alternative treatment (including no treatment) and the risks and benefits thereof.
Informed consent protects the patient by providing him/her with complete information on which to make an informed decision. Informed consent usually also protects the doctor from financial liability (with exceptions) provided that the procedure is properly executed according to the prevailing standard of care and without negligence.
This is the American Medical Association's Definition of Informed consent:
Informed consent is more than simply getting a patient to sign a written consent form. It is a process of communication between a patient and physician that results in the patient's authorization or agreement to undergo a specific medical intervention.
In the communications process, you, as the physician providing or performing the treatment and/or procedure (not a delegated representative), should disclose and discuss with your patient:
The patient's diagnosis, if known;
The nature and purpose of a proposed treatment or procedure;
The risks and benefits of a proposed treatment or procedure;
Alternatives (regardless of their cost or the extent to which the treatment options are covered by health insurance);
The risks and benefits of the alternative treatment or procedure; and
The risks and benefits of not receiving or undergoing a treatment or procedure.
