Informed consent

The origin of the doctrine of informed consent is traced. If a patient is not competent to give valid consent, it should be sought from an informed close family member, guardian, proxy or surrogate. Where a doctor alleges incompetency of the patient as the reason for withholding adequate information, the 'Grannum test' should be applied. Doctors should not make disclosures to competent patients in a frightening manner, which may cause mental anguish. Some guidelines for tactful disclosure which avoids excessive discomfort are given. While the doctrine of informed consent reaffirms the right of every person to decide what will be done with his or her body, the living will only confers these rights, instead of recognizing them, thus leaving those who do not carry such a document in a state of limbo. The living will may produce counter-effective results. Some recent court rulings concerning informed consent are discussed.