Types of Consent in Reproductive Health Care

International Journal of Gynecology and Obstetrics 128 (2015) 181-184

4 Pages Posted: 29 Jan 2015

See all articles by Bernard Dickens

Bernard Dickens

University of Toronto - Faculty of Law

Rebecca J. Cook

University of Toronto - Faculty of Law

Date Written: 2015

Abstract

Healthcare providers require prior consent to treat patients. Consent can be different for legal purposes, and be expressed in different ways. Simple consent affords providers protection from liability for assault, but negligence can arise if the consent is inadequately informed. Providers cannot coerce or improperly induce consent; patients’ agreement that a provider wrongly influences is compliance, not true consent. Attempts to rescue patients in peril may be lawful on the presumption of their implied consent, unless patients negate the presumption. In special cases, laws may require that consent be written, but generally consent can be given by speech or conduct. Informed consent depends on patients’ comprehension, but consent for treatment of uncomprehending patients may come from third parties, including legally recognized substitutes or judges. There may be legal limits to reproductive procedures to which patients may consent, under laws that can be respectfully tested, but have to be obeyed.

Keywords: Consent, Evidence of consent, Free consent, Implied consent, Informed consent, Presumed consent, Unlawful consent

JEL Classification: J13, K10, K19, K32

Suggested Citation

Dickens, Bernard and Cook, Rebecca J., Types of Consent in Reproductive Health Care (2015). International Journal of Gynecology and Obstetrics 128 (2015) 181-184. Available at SSRN: https://ssrn.com/abstract=2556399

Bernard Dickens (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada
416-978-4849 (Phone)
416-978-7899 (Fax)

Rebecca J. Cook

University of Toronto - Faculty of Law ( email )

78 Queen's Park Cr.
Toronto, Ontario M5S 2C5
Canada
416-978-4446 (Phone)
416-978-7899 (Fax)

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