Consent

The approach taken to consent in medical practice is fundamental to the patient-doctor relationship. The law requires doctors to respect the autonomy of patients through providing good quality information about any proposed treatment. Without the valid consent of an adult competent patient, the doctor cannot proceed with treatment. Recent legal cases together with the GMC guidelines suggest that, in deciding on the amount of information to be provided, a 'patient-centred' standard should be adopted. In the case of patients who lack capacity to give valid consent, there is currently no proxy consent; doctors must choose treatment in the patient's 'best interests'. Proxy consent may soon be introduced into English law through a new Mental Capacity Act. The complex legal position with regard to children and consent is explained.