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Consent Types in Medical Law
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Informed Consent
A process by which a patient voluntarily confirms their willingness to undergo a particular procedure, after having been informed of all possible risks, benefits, alternatives, and consequences of not having the procedure.
Implied Consent
Consent which is not expressly granted by a person, but rather inferred from a person's actions and the facts and circumstances of a particular situation (e.g., a patient presenting themselves for a physical examination).
Advanced Directive
A legal document by which a person specifies what actions should be taken for their health if they are no longer able to make decisions due to illness or incapacity.
Presumed Consent
A form of consent which is inferred based on the notion that a person would have consented to something if they had been able to, often applied in emergency situations where immediate action is required to prevent death or serious harm.
Implicit Consent
Consent which is not clearly or explicitly stated but is assumed as per the circumstances or a patient's behavior (e.g., a patient rolling up their sleeve for a blood test).
Refusal of Consent
A patient's decision to not agree to a treatment, procedure, or intervention, even after being fully informed of the potential risks and benefits of the recommended medical care.
Explicit Consent
Consent that is clearly and unmistakably stated, rather than implied. It is given directly by a patient, usually in written or oral form (e.g., signing a consent form for surgery).
Statutory Consent
Consent that is mandated by law for certain treatments or procedures, especially where public health is concerned (e.g., vaccination consent under public health orders).
Blanket Consent
General consent for a range of procedures and treatments that a patient might receive during their care, without needing to consent to each one individually.
Verbal Consent
Consent that is given orally by the patient, rather than in written form, and can be appropriate for less-invasive procedures (e.g., routine dental cleanings).
Proxy Consent
Consent given by an appointed person (proxy) on behalf of a patient who is unable to consent for themselves due to factors like minor status, unconsciousness, or mental incompetence.
Expressed Consent
Consent that is clearly communicated, either verbally or in writing, indicating permission for a procedure or treatment. (e.g., a signed document for a medical research study).
Conditional Consent
Consent given for a procedure or treatment that includes specific conditions or limitations set forth by the patient (e.g., no blood transfusions due to religious beliefs).
Deferred Consent
A specific type of consent used in research where consent is obtained after the initial intervention or treatment, due to the emergency nature of the situation (e.g., emergency research trials).
Incapacity Consent
Consent given by a legal representative or next of kin for a patient who is deemed incompetent to make their own medical decisions due to mental incapacity or unconsciousness.
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