Informed consent

The term ‘informed consent’ has been in common usage since the case of Canterbury v Spence was decided in the Californian courts in the 1970s. The basic principle is straightforward: to be in a position to make an informed choice you need to know all the material facts. However, the law is not static and as new situations are presented so the law is developed through cases decided in the courts, in some instances influenced by guidance issued by the General Medical Council, and new statutes enacted by Parliament. This paper reviews the current law on consent in the United Kingdom, taking into account variations in the devolved administrations, the principles that underlie obtaining valid consent, in situations ranging from elective procedures in competent adults to life-threatening emergencies and the treatment of the temporarily or permanently incompetent patient as well as the rights of spouses, relatives and other interested parties. A sound knowledge of the basic principles and how they should be applied is essential for all surgeons and failure to warn is a common component of clinical negligence claims.