Legal Definitions - informed consent doctrine

The informed consent doctrine is a legal principle that requires healthcare providers to ensure that their patients are fully informed about any medical procedures or treatments before they agree to them. This means that patients have the right to make informed decisions about their own health based on accurate and complete information.

Healthcare providers typically obtain written informed consent from patients, which outlines the information that has been shared, the risks and benefits of the procedure, and the patient's agreement to proceed.

In a legal context, the informed consent doctrine can play a crucial role in determining whether a healthcare provider has acted negligently or failed to provide adequate care. For example:

• In the case of Canterbury v. Spence, the US Supreme Court established that healthcare providers have a duty to disclose material or relevant information to patients, even if the provider does not believe the information would impact the patient's decision.
• In the case of Cobbs v. Grant, the court held that healthcare providers must make a "reasonable disclosure" of information and that the level of disclosure required may depend on the circumstances of each individual case.

For instance, if a patient is about to undergo a surgery, the healthcare provider must inform the patient about the risks and benefits of the surgery, the possible complications, and the expected recovery time. The patient must then sign a consent form indicating that they understand the information provided and agree to the procedure.