Right to Informed Consent
Written in plain language for general understanding. This is educational content, not legal advice. Based on UK Acts of Parliament, statutory instruments, and official guidance.
What is this right?
Before any medical treatment, you have the right to be fully informed and to give or withhold your consent. This means your doctor must explain:
- The nature of the proposed treatment
- The risks and benefits
- Alternative options (including doing nothing)
- What would happen without treatment
Since the landmark Montgomery ruling (2015), doctors must tell you about any material risk — defined as a risk that a reasonable person in your position would attach significance to. The old "doctor knows best" approach is no longer acceptable.
Consent must be voluntary — you must not be pressured, coerced, or given misleading information.
When does it apply?
- Applies to all medical treatment — surgery, medication, tests, vaccinations, and procedures.
- You can withdraw consent at any time, even during a procedure.
- Children aged 16-17 can consent to treatment. Children under 16 can consent if they have sufficient understanding (Gillick competence).
- If you lack mental capacity, the Mental Capacity Act 2005 requires treatment to be in your best interests, involving you as much as possible and consulting relevant people.
- You can make an advance decision (living will) refusing specific treatments in the future — this is legally binding if made when you had capacity.
What should you do?
- Ask questions — don't be afraid to ask your doctor to explain things in plain language, to tell you the risks, and to describe alternatives.
- Take your time — unless it's an emergency, you don't have to decide immediately. Ask for time to think.
- If you want to refuse treatment, say so clearly — you have an absolute right to refuse, even if the doctor thinks it's unwise.
- Consider making a Lasting Power of Attorney for health and welfare — this appoints someone you trust to make decisions if you lose capacity.
What should you NOT do?
- Don't sign a consent form without understanding it — a signed form means nothing if you weren't properly informed.
- Don't assume silence means consent — consent must be actively given.
- Don't accept being told "it's routine" as a substitute for a proper explanation of risks — every patient has the right to material information, even for common procedures.
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