Consent

Introduction

Consent is a fundamental principle of medical law. The basic rule is simple: No-one has the right to touch anyone else without lawful excuse and if doctors do so it may well undermine patients’ trust. Such behaviour may lead to a clinical negligence claim, a complaint to the GMC or even civil or criminal proceedings for assault.

There are three components to valid consent:

• Capacity
• Information
• Voluntariness

Changes to consent guidance

This MPS booklet was printed in January 2008, and in June 2008 the GMC introduced its new guidance – Consent: Patients and Doctors Making Decisions Together. We are currently updating the MPS booklet to reflect the change in emphasis in the GMC guidance.

In the interim, please read this booklet in conjunction with the new GMC guidance, particularly paragraphs

• 7–9 (sharing information and discussing treatment options)
• 13–17 (reasons for not sharing information with patients)
• 26–27 (responsibility for seeking a patient’s consent) and
• 48–53 (expressions of consent, recording and reviewing decisions)

Consent: Patients and Doctors Making Decisions Together can be found on the GMC’s website, www.gmc-uk.org.