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The informed consent doctrine is generally implemented through good healthcare practice: pre-operation discussions with patients and the use of medical consent forms in hospitals. However, reliance on a signed form should not undermine the basis of the doctrine in giving the patient an opportunity to weigh and respond to the risk.
Paul Ricœur distinguishes two forms of self, the idem, a short term experience of the self, and the ipse, a longer term persistent experience of the self. In mental illness, the autonomy of the ipse can be undermined by the autonomy of the idem, so involuntary mental health treatment can trade one form of autonomy for another. [65]: 90
Informed refusal is where a person has refused a recommended medical treatment based upon an understanding of the facts and implications of not following the treatment. [1] [2] Informed refusal is linked to the informed consent process, as a patient has a right to consent, but also may choose to refuse.
Informed consent is documented by means of a written, signed, and dated informed consent form. (ICH E6) Informed consent document A document that describes the rights of the study participants, and includes details about the study, such as its purpose, duration, required procedures, and key contacts.
A child who does not wish to undergo treatment, and nor do their parents wish treatment for them, may be ordered to do so by the courts under child neglect laws. [13] [14] There have been instances where the failure to obtain proper assent (or even parental consent) has been directly opposed to the interests of the patient.
The Health Care Consent Act (HCCA) is an Ontario law concerned with the capacity to consent to treatment and admission to care facilities. (i.e., informed consent). [1] [2] As of 2 August 2023 on a date to be named by proclamation of the Lieutenant Governor, the act will also apply to confining in a care facility.