Summary
Read the full fact sheet- Patients have a legal right to be told any information that relates to their medical condition and their treatment.
- The signed consent form is considered a legal document.
- As a patient, it is you who must decide about your medical treatment, although it is important to consider the advice of your doctor.
On this page
What informed consent means
You have the right to know about your health problem and any treatments your doctor suggests. This is called informed consent. If you don’t get all the facts, you can’t make a clear decision or give valid permission for treatment.
Your doctor's duty
Your doctor must explain:
- What your health problem is
- The main treatment and any other options
- The benefits, risks, and possible problems of each choice
After talking, the doctor may ask you to sign a consent form. Signing gives legal permission to go ahead with the procedure.
Information you should be given
Before you decide, ask for written information to take home and read. Make sure it covers:
- Your diagnosis and likely outcome (prognosis)
- What the recommended treatment is
- Risks of the procedure and common side effects
- Possible complications
- Where and who will do the treatment
- Other treatment options and their chances of success.
Taking an active role
Informed consent is more than a signature. It’s learning about your treatment and weighing up the pros and cons. To stay involved:
- Read about the procedure, its risks and possible problems.
- Ask what could go wrong before it happens.
- Remember, you what happens to your body, but your doctor's advice matters.
Questions to ask your doctor or surgeon
Before you agree to treatment, you might ask: Exactly what will you do?
- Why are you doing it - diagnosis, cure or pain relief?
- What good results should I expect?
- What happens during the procedure?
- Will I have general or local anaesthetic and what are the risks?
- How often does the procedure work?
- What side effects could I have - like pain afterwards?
- Are there any possible risks? For example, could there be accidental damage to other areas of the body during the operation?
- What complications are possible? For example, infection?
- Do I have any extra risks (age, general health or other conditions)
- How long will recovery take? When can I return to normal life?
- Are there other options - different procedures, medicine or lifestyle changes?
- What will happen if I choose no treatment?
If you're unsure
- It’s normal to have doubts. You can: Book another appointment with your doctor to go over worries
- Ask them to explain in simpler words.
- Get a second opinion from another specialist.
- Request information or an interpreter if English materials are hard to understand.
Before and after care
Ask about any special steps you need to take before treatment and while you recover. Following these instructions can help your treatment work better.
About the consent form
Before surgery, you (or your legal guardian) sign a consent form. Only the doctor, not the nurse, can get your legal consent.
The form usually lists:
- Your name,date of birth, sex and referring doctor
- Whether you need an interpreter
- Your condition and the procedure, in plain language
- General risks of anaesthesia, (sometimes on a separate sheet)
- General risks of surgery
- Specific risks of this procedure
- Whether the doctor has explained all risks, possible complications, and what happens if you don’t have treatment
- Your confirmation that you’ve received and understood this information, know the procedure might not work or could make things worse, and still agree to go ahead has been provided
- Your dated signature
Why understanding matters
A signed consent form is a legal document. According to the High Court of Australia, it only counts if you truly understood the ricks and warnings.
‘Informed consent’ means you would still agree even after knowing all the possible problems.
You can change your mind
The final decision is always yours. The patient has the legal right to refuse consent or withdraw consent for any proposed treatment.
Where to get help
- Medical consent, Office of the Public Advocate, Victorian Government
- What should I be aware of before consenting to medical treatment?, Consumer Health Forum
- Informed consent, Queensland Health, Queensland Government
- Informed consent policy, Royal Australasian College of Surgeons
- Planning your surgery, Australian Society of Plastic Surgeons
- Considering cosmetic surgery, Department of Health, UK