Posted by Richard Shallcross

Types of consent: express and implied

Informed consent may be either “express” or “implied.” Express consent is given in writing or orally. If a patient’s consent is written, it should include the name of the health care professional who discussed the proposed treatment with the patient, the name of the health care provider who is to perform the procedure and the date, time and location where the consent form was signed.

Consent not given by a patient in writing or orally, but understood from the circumstances surrounding the procedure or treatment at issue is known as implied consent. Consent may be implied when, for instance, a patient presents him or herself for a relatively simple, non-invasive procedure. Consent is also usually implied for necessary procedures a surgeon might perform in the course of a surgical procedure to which the patient did consent.

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