The issue of consent in medical practice

Following a recent court judgment, legal and moral issues surrounding consent have been thrown into the spotlight. Elizabeth Larner, Solicitor, and Rachel Carter, Partner, of Wollen Michelmore LLP, look at the issues surrounding consent, including where problems arise in the fields of clinical negligence and non-accidental injury and what health care professionals can do to ensure that their advice to a patient about a procedure or treatment is sufficiently cogent and appropriately recorded so as to avoid later criticism and possible legal action. This annotation gives an overview of the legal principles surrounding consent in medical practice including informed consent, refusal of treatment and issues of capacity.