Patient consent conversations

Abstract

The law recognizes two quite distinct wrongs: there is the intentional interference with bodily integrity and there is negligence, which is not about the actual touching of the patient but about expectations regarding information provided prior to medical treatment. Both situations are referred to as consent but deal with quite distinct legal issues. The question of trespass is relatively straightforward and will not be dealt with in any great detail here; the content of the pre-treatment conversation poses much more complex legal questions and will be the focus of this chapter. An appropriately informed patient is empowered to make decisions about their treatment options and the legal question ofwhether or not appropriate levels of information have been provided is addressed through consideration of professional standards of care. This chapter will explain the legal test for standard of care and considerations of damage and causation. It provides a clear outline of negligence law as it applies to the pre-treatment conversation.