Consent to Medical Treatment in the UK

An MPS Guide

Summary

• Consent is needed for all clinical examinations, investigations and treatment.
• Decision-making should be a partnership between doctor and patient.
• Patients’ beliefs, values, concerns, level of understanding and priorities should be explored to determine what information they want or need.
• 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.
• Patients should be given all information material to their decision before deciding which option to choose. It should be tailored to their individual needs and condition.
• Patients should not be pressurised into making a decision, but must be made aware of any potential harm that may come from delay.
• Children and young people with capacity can consent to treatment, but in most circumstances parents or others with parental responsibility are likely to be involved.
• Adults with capacity can make advance decisions about refusing treatment in case they lose capacity later on.
• Separate legislation in Scotland and England and Wales allows specified others to consent on behalf of adults who lack capacity.
• Consent to clinical examination, some investigations and treatment, is often implied by the patient’s co-operation – not expressly stated.
• NHS trusts and other providers usually have policies on the use of consent forms which employees should follow.
• 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.

Changes to consent guidance

This MPS booklet was originally printed in January 2008, and updated in September 2008 to take into account new guidance from the GMC – entitled Consent: Patients and Doctors Making Decisions Together – which was published in June 2008. The latest version of the booklet was published in June 2011.

Please read this booklet in conjunction with the 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.

Important

Due to the dynamic nature of the law in the area of consent, we suggest that you visit these pages of our website frequently to access the most up-to-date information.