The evolution of the doctrine of consent

The doctrine of informed consent is evolving. It has taken different routes in different jurisdictions. However, these different paths are converging to a general consensus. The Bolam test, which has been the primary exposition of this doctrine in this country, sets the standard of care as a matter of medical judgement. However, recent cases, particularly Rogers v Whitaker, shift the perspective in favour of warning the patient of material risks inherent to proposed treatment. Whether this information is sufficient to give consent is not a question the answer to which depends upon standards of medical practice. There is no doubt that this is the evolving global trend. Whilst this might seem more onerous the doctrine is of constructive use in securing public awareness in organ donation and in the effectiveness of public health policies.