Praxis Medical Insights

Est. 2024 • Clinical Guidelines Distilled

Made possible by volunteer editors from the University of Calgary & University of Alberta

Last Updated: 10/11/2025

Informed Consent in Medical Practice

Core Ethical Foundation

  • The American Society of Anesthesiologists recognizes that respect for patient autonomy is the cornerstone of modern medical practice, requiring clinicians to honor patients' right to be involved in decisions affecting their care 1, 2
  • The American Medical Association states that the principle of autonomy sometimes conflicts with beneficence, but patients' autonomous decisions must be respected regardless of whether they appear irrational to clinicians 1, 2, 5
  • The American College of Physicians notes that autonomy empowers patients to exercise control over their medical care and take full responsibility for informed medical decisions 6, 7
  • The American Bar Association states that touching a patient without consent constitutes assault or battery, regardless of outcome 1, 2
  • The American Medical Association notes that negligence claims commonly arise when complications occur after inadequate warning, with courts finding physicians negligent even when patients would have proceeded with treatment had they been properly informed 1, 2
  • The National Institute of Health states that patients must demonstrate ability to understand, appreciate, reason about, and express a choice regarding medical information 8, 9, 5
  • The American Medical Association notes that information must include the nature and purpose of proposed treatments, significant foreseeable risks and benefits, available alternative treatments, and consequences of no treatment 8, 9, 5
  • The American College of Physicians states that consent must be given voluntarily, free from coercion, by an appropriately informed patient with capacity 1, 2, 5

Modern Approach: Shared Decision-Making

  • The Institute of Medicine recommends shared decision-making as the preferred model, where clinicians and patients work together collaboratively to decide on the best care options 8, 9
  • The American College of Emergency Physicians notes that emergency situations where immediate intervention is necessary to prevent death or serious harm represent a limited exception to obtaining informed consent 3, 4, 5
  • The American Medical Association states that even in emergencies, clinicians should inform patients to whatever extent time allows and must not violate explicit refusal of treatment if the patient possesses capacity 3, 4

Special Populations

  • The American Academy of Pediatrics states that different consent frameworks apply for patients aged 16-17 versus those under 16, and clinicians must be aware of these distinctions 2
  • The National Institute of Health notes that cultural contexts may necessitate involving community, elders, or family members in the consent process 8
  • The American Medical Association recommends that a copy of the consent form should be given to patients with contact information for future withdrawal of consent 6, 7
  • The American College of Physicians states that consent forms must explicitly state that medical care will not be affected by refusal to consent or withdrawal of consent 6, 7