Patient Consent

Express consent

The type of consent given through verbal or written agreement to proceed with treatment.

Implied consent

Consent presumed in emergency situations or when a patient is unconscious.

Informed consent

Consent that requires the patient to understand the risks, benefits, and alternatives to treatment.

AMA Code of Ethics

States patients have a right to discuss the benefits, risks, and costs of treatment.

Probability of success

A key part of informed consent that describes the likelihood the treatment will work.

Statutory consent

Legal type of consent assumed in emergencies, removing the need for formal permission.

Capacity to consent

The mental and emotional ability required to voluntarily agree to medical treatment.

Guardian

A person appointed to make healthcare decisions for someone who is unable to consent.

Right to refuse

Patients can legally and ethically decline treatment, even if it is life-saving.

Autonomy

The ethical principle that protects a patient's right to make decisions about their own care.

State intervention

Occurs when a patient’s refusal endangers others, prompting government involvement.

Emancipated minor

A person under 18 who can make medical decisions without parental consent.

Failure to inform

Violates a patient’s right to informed consent if all options aren't discussed.

Assault

Performing unauthorized treatment without consent, as defined in the Schloendorff case.

Guardians

Individuals appointed to protect and manage the rights and estate of someone who lacks capacity.

Freedom and self-determination

The rights emphasized in Matter of Hughes to protect patient autonomy.

Undue influence

External pressure that invalidates a patient’s ability to make voluntary decisions.

Civil or criminal liability

What healthcare providers avoid if they honor a competent patient’s refusal of care in good faith.

Preventing suicide or preserving life

Two state interests that may override a patient's refusal of treatment.

Nonmaleficence

An ethical principle meaning “do no harm,” along with autonomy and beneficence.