What Is the Difference Between Express Consent and Implied Consent?
December 16, 2024 | J.L. King
When you get treatment from a healthcare provider, practitioners need your permission before performing most medical procedures. This is especially true for invasive treatments like surgery. A patient’s permission is known as consent. There are two types of consent–express consent and implied consent. There are important differences between types, but consent is required for most medical treatment unless there is an emergency.
Patients have a right to know what medical treatment they are being given and why. If you are being given a new medication or being subjected to an invasive procedure, the healthcare provider will need your express or implied consent. If you suffered medical harm in Macon, GA, without your consent to treatment, you could be entitled to compensation.
What Is Express Consent?
Express consent is when a patient communicates clearly and directly regarding a particular medical treatment. It can be given in writing (often using a medical authorization form) or verbally, such as “I consent to this procedure.” In emergency situations, express consent is often made verbally if the patient is alert enough to give it.
Written express consent is preferred for risky or complicated procedures. Express consent is often described as “informed consent” when a provider educates the patient about the pros and cons of a procedure.
Information a medical provider might need to share to establish express permission from a patient can include the following:
- Diagnosis of the medical condition
- Description of the proposed treatment
- Explanation of the expected results from treatment
- Explanation of any potential side effects or risks of the treatment
- Alternative treatments that might be available
When the patient is properly informed, they can then give express consent for medical care.
What Is Implied Consent?
Unlike express consent, implied consent is based on a patient’s actions or conduct. For example, if a patient shows up for an appointment and holds their arm out to give a blood sample, that act could be considered implied consent for the treatment that follows. Nodding your head, giving a thumbs up, or fasting in preparation for an invasive procedure can indicate implied consent by the patient.
One problem with implied consent is that it is harder to prove. If a patient doesn’t recall giving consent and there were no other witnesses in the room, implied consent would be based only on the provider’s statement.
How Important Is Consent to Medical Treatment?
Patients deserve to have a say in the medical care they receive. If a healthcare provider ignores the patient’s directives, does not ask for consent, or doesn’t inform a patient about the pros and cons of certain treatments, they could be liable for a medical malpractice claim. Even if express consent was obtained, circumstances can reveal that the patient did not truly provide informed consent about their treatment. Informed consent is one of the foundations of the doctor-patient relationship and must be taken seriously by healthcare providers.
Compensation for Damages in a Medical Malpractice Case
If you were harmed medically due to any type of procedure, you could be entitled to financial compensation for your injuries. Some common forms of compensation you might be entitled to in a medical malpractice case include:
- Costs of original treatment leading to your injuries
- Costs of additional treatment to address the harm caused
- Lost wages for days you’ve missed work
- Costs required for therapy and rehab
- Lost future earnings due to your injuries
- Pain and suffering, emotional distress, and other non-economic damages
A skilled medical malpractice attorney can analyze the incident, estimate your damages, and work hard to prove your claim.
A Macon Medical Malpractice Attorney Can Help if You Were Treated Without Proper Consent
Experienced Macon medical malpractice lawyers are deeply committed to protecting patients’ rights when it comes to receiving medical care. Every patient in Georgia has the right to be treated with respect and fully informed about their treatment options, including the right to give or withhold consent.
If you have suffered an injury due to a healthcare provider’s failure to obtain proper consent—whether express or implied—the skilled medical malpractice attorneys at The King Firm Car Accident and Personal Injury Lawyers are here to help. Contact us today to schedule a free consultation and discuss your legal options.
Contact Our Personal Injury Law Firm at The King Firm Car Accident and Personal Injury Lawyers For Help Today
For more information, please contact The King Firm Car Accident and Personal Injury Lawyers at your nearest location to schedule a free case evaluation today.
We have three convenient locations throughout Georgia:
The King Firm Car Accident and Personal Injury Lawyers – Tifton Office
1603 US Hwy 41, Tifton, GA 31794
(229) 386-1376
The King Firm Car Accident and Personal Injury Lawyers – Griffin Office
3317 Fayetteville Rd, Griffin, GA 30223
(404) 567-4546
The King Firm Car Accident and Personal Injury Lawyers – Macon Office
886 Mulberry St, Macon, GA 31201
(478) 292-7272
Or if you would prefer to reach out to us online, please visit our contact us page.