Informed Consent

What information do I need to give informed consent?

Before you give informed consent, you should understand the risks, benefits, and alternatives to your treatment plan. Your healthcare provider should explain this information to you. This includes your doctor, surgeon, anesthesia professional (such as a Certified Registered Nurse Anesthetist [CRNA]), advanced practice registered nurse, and/or physician assistant. 

You should also understand why the treatment, procedure, and/or surgery are being performed; how it is being performed; and what to expect during the process.  

In addition to questions that you may have, here are some helpful questions to ask your healthcare provider when they explain your treatment plan: 

1. What is the likelihood of success? 
2. How will this impact my quality of life? 
3. What happens if I decide not to go through with the treatment plan? 
4. What can I expect? 
5. What are the side effects? 
6. What are the risks? 
7. What are the benefits? 
8. Are any alternative treatments available? 
9. What can I expect during my recovery? 
10. How long will it take before I can return to normal activities? 

Who can give informed consent?

Anyone who is a legal adult and has decision-making capacity can give consent to allow healthcare treatment, procedures, and/or surgeries. Minors are unable to legally give consent. A parent or court-appointed guardian typically provides consent for them. Someone under the age of 18 who has become a legal adult is an emancipated minor. Emancipated minors can provide their own consent without a parent or guardian. 

Adults must be able to understand, remember, consider, and communicate their decision to consent. There are several situations where an adult is unable to legally provide consent. This may happen if someone is: 

• Under the influence of anesthesia or other mood-altering substances 
• Intoxicated
• Unconscious 
• Confused 
• Experiencing an emergency, trauma, brain injury, or illness that results in a change in thinking and behavior 

Additionally, some adults with conditions like dementia and severe developmental disabilities may not be able to provide their own consent. For those adults who are unable to legally provide consent, a healthcare surrogate, next of kin (parent, spouse, adult child, or sibling), healthcare power of attorney (POA), or court-appointed guardian may make healthcare decisions on their behalf. 

Ultimately, a healthcare provider decides whether or not someone has decision-making capacity in the moment. 

In healthcare, informed consent is legally required before starting treatment and performing medical procedures and surgeries. Here are some examples when informed consent is required: 

• Surgery 
• Invasive tests and procedures 
• Anesthesia 
• Blood and blood product transfusions 
• High-risk medications and treatments like chemotherapy and radiation 

Sometimes, emergency situations happen where someone is unable to provide consent. These situations may require timely, life-saving treatment, procedure, or surgery. In such an emergency situation, healthcare professionals will provide treatment without the patient’s explicit consent to save that person’s life. In these cases, healthcare professionals are acting in the patient’s best interests. 

How is informed consent given?

Before having surgery or a procedure, your healthcare provider will provide you with information to help you ask questions to make an informed decision to proceed or not proceed with the treatment plan. You may ask for the consent form to be read to you or translated, if necessary. If you feel comfortable with the plan discussed, you will sign a consent form. If you are preparing for surgery, you will likely have a few different consent forms. You may sign forms for the surgery itself, anesthesia, and additional treatments and blood transfusions. Sometimes, the anesthesia consent is a part of the surgical consent, but they may be separate documents. Be prepared to potentially sign multiple consent forms.  

Sometimes, consent can be provided verbally. This can happen in person or over the phone with a witness. 

What if I feel unsure about giving informed consent?

Making sure that you have all the information you need to make a decision about your healthcare is essential. Do not feel obligated to sign the consent forms if you still have questions. Do not sign if you are unsure about your options. Remember that it is your right to make informed decisions about your healthcare.

If you feel that you are experiencing issues with informed consent, such as language barriers, coercion, or a lack of information, you can contact your hospital/healthcare group’s patient advocate and/or notify your local state health department.