Consent to Medical Treatment in Ireland

Last updated: June 2011

Summary

• Consent is needed for all clinical examinations, investigations and treatment.
• Adult patients who can decide for themselves need sufficient information and, whenever possible, time to make a choice.
• A patient’s capacity to make decisions depends on being able to: 
  • understand what decision needs to be made and why
  • appreciate the likely consequences of making or not making a decision
  • understand, retain, use and weigh up relevant information
  • communicate a decision in a meaningful way.
• Patients should be given all information material to their decision before deciding which option to choose.
• Patients should not be pressurised into making a decision, but must be aware of any potential harm that may come from delay.
• Young people of 16 or over can consent to treatment on their own behalf but it is not yet clear if they can refuse treatment if they are under 18.
• Consent for treatment of a child under the age of 16 should usually be sought from the child’s parent/guardian, but there may be circumstances in which the consent of a mature minor on his/her own is sufficient.
• Consent to clinical examination, some investigations and treatment, is often implied by the patient’s co-operation and does not have to be expressly stated.
• Signed consent forms alone are not proof that consent was valid.
• A significant proportion of clinical negligence claims include allegations of failure to obtain valid consent.