[Informed consent of the surgery candidate]

Surgery is a special medical act requiring the patient's prior informed consent. Informed consent necessitates correct comprehensible information which must be documented in case of court claims. Consent must be given freely by the patient who has been properly informed. Consent from patients with impaired cognition raises particular problems as does consent from incarcerated patients. The French Code of deontology does not state how the information must be delivered and how the patient's consent must be recorded nor which party is charged with proof of information. The information delivered must be loyal (true with nothing hidden) and appropriate (adapted) for the health status of the patient and his/her personality and capacity to understand as well as for the proposed care. Information depends on the patient's and the physician's general culture. In addition to the information itself, documentary proof of its delivery is required in case of court claims. Carefully written documents are mandatory. They should meet certain requirements, remaining general enough (example: appendectomy and its risks), updated, and simple and comply with the rules of deontology.