Consent: a legal process.

• Jurisdiction: Australia
• Author: Starr, Linda
• Date: 01 December 2011

Obtaining a lawful consent from a patient is a process that is often misunderstood. The global history linked to this process began in medieval times. Physicians saw themselves as an extension of God and did not confer with their patients at all; even Hippocrates believed the physician should 'conceal most things from the patient ... revealing nothing of the patient's future or present condition' (Waisel and Truog 1997) setting a trend that minimised patient involvement in making decisions concerning their health care.

The modern day legal framework on consent is clearly focused on the individual's right to autonomy and liberty. Parliaments and courts across all Australian jurisdictions have contributed to this legal doctrine with a common goal of preserving the autonomy and self determination of the individual's right to control what happens to their own body and to delineate the role health care professionals have in this process. So, what is a lawful consent and who is responsible for obtaining it?

Many practitioners place too much emphasis on the necessity to have the consent form completed and signed, believing this meets the legal requirement for a patient's consent. Consent to, and refusal of, treatment may be given by implication, verbally or in writing. Neither has any more 'weight' in law than the other. Nonetheless, a written consent is often a policy requirement of organisations and serves as evidence that two people have entered an agreement for a particular treatment to be provided. It also forms the basis for a...