Consent to treatment
Consent is
not simply a
signed piece
of paper
photo: istockphoto.com/RapidEye
T
he College’s recently approved
Consent to Treatment policy
makes it clear that obtaining
consent to treatment involves a
dialogue between the physician and the patient (or the substitute decision-maker). For
consent to be informed, the physician must
share information about the treatment that is
needed in order to make a decision.
Consent is not just a signature on a form, it
is obtained through dialogue, said Dr. Dennis Pitt, a general surgeon from Ottawa, and
chair of the policy working
group.
The policy emphasizes that
“A physician should not physicians must obtain valid
be lulled into the false
consent before treatment is
provided. In order for consent
security of a signed
to be valid it must:
consent form. It is
• obtained from the
be
not a substitute for a
patient if they are capable
with respect to the treatdialogue”
ment or from the incapable patient’s substitute
decision-maker;
• be related to the treatment,
• be informed;
• be given voluntarily, and
• ot be obtained through misrepresentan
tion or fraud.
Patients or an incapable patient’s substitute
decision-maker must be provided information
about the treatment so that they can make
an informed decision. To this end, physicians must provide sufficient information to
facilitate the decision-making process and this
includes, but is not limited to, information
about the expected benefits, material risks and
side effects, and alternative treatment options.
Physicians are required to have a dialogue
with the patient or substitute decision-maker
about this information even if they use supporting documents, including consent forms.
“A physician should not be lulled into the
false security of a signed consent form. It is
not a substitute for a dialogue,” said Dr. Pitt.
If the patient or incapable patient’s substitute decision-maker is not provided with
sufficient information to reasonably make a
decision, and in a form that they can understand, their consent may not be valid. Because
information only facilitates decision-making
if the information is provided, reviewed and
understood prior to giving or refusing consent
to a treatment, the policy states that “physiIssue 2, 2015 Dialogue
39