Legal Definitions - informed consent

Informed consent refers to a person's voluntary agreement to a proposed action or interaction, given only after they have received and understood all relevant information. This crucial information typically includes the nature of the action, its potential benefits, any associated risks, and available alternatives. The concept ensures that individuals have sufficient knowledge to make a reasoned and autonomous decision about matters affecting them.

Here are a few examples illustrating informed consent in different contexts:

• Medical Treatment Decision: Imagine a patient diagnosed with a complex medical condition. Their doctor proposes a new, innovative surgical procedure that has a high success rate but also carries significant risks, such as a prolonged recovery period and a small chance of permanent nerve damage. For the patient to give informed consent, the doctor must clearly explain the procedure itself, its expected benefits, all potential risks and side effects, the recovery process, and any alternative treatments available (including their own risks and benefits). The patient's decision to proceed with the surgery, made after fully understanding these details and having the opportunity to ask questions, demonstrates informed consent.

• Legal Settlement Agreement: Consider a client who has filed a personal injury lawsuit and receives a settlement offer from the opposing party. Before the client can accept or reject this offer, their attorney must ensure they provide informed consent. This means the attorney must thoroughly explain the terms of the settlement, the financial implications (e.g., how much money they will actually receive after legal fees), the potential outcomes and risks of continuing to trial (including the possibility of losing and incurring further costs), and any other available options, such as mediation. The client's decision to accept or reject the settlement, based on this comprehensive understanding, is an act of informed consent.

• Participation in Research Study: A university is conducting a psychological study on the effects of sleep deprivation on cognitive function. They recruit volunteers to participate in a week-long experiment where their sleep will be restricted. To obtain informed consent, the researchers must explain the study's purpose, the specific procedures involved (e.g., sleep schedule, cognitive tests), any potential physical or psychological risks (e.g., fatigue, mood changes, impaired performance), the benefits (if any) to the participant or to scientific knowledge, their right to withdraw from the study at any time without penalty, and how their personal data will be protected. A volunteer's agreement to participate after receiving and understanding all this information constitutes informed consent.