Consent to treatment:

In Australia, people have a right to determine what is done or what is not done to their own body. With respect to medical treatment, adults have the right to consent to treatment or to refuse treatment. Generally, this statement refers to humans of an adult age and of a sound mind. 

Consent to treatment may be provided in various ways, such as:

• In writing;
• Verbally; or
• Implied by one’s conduct or statements.

Valid consent to treatment is the combination of the:

• Capacity to make treatment decisions;
• Free and voluntary decision to consent to the treatment (and without pressure or duress from another); and
• Consent specifically relating to the treatment proposed.

In some instances, determining whether or not the consent was valid can be complex and technical.  For example, proving verbal or implied consent to treatment may be more difficult than written consent.  

It is recommended that you speak with a Medical Lawyer as soon a consent issue arises. Our Sydney Medical Lawyers can strategically discuss with you the points of your potential matter, assist you with developing the next steps and outline potential outcomes or options that may be available to you.

At Navado, we understand that all matters vary and that some may involve various areas of the law. For example, if a Medical Professional does not have a patient’s valid consent to treatment and continues to conduct treatment, this may amount to assault. Such a matter may involve Medical Law, Criminal and possibly Negligence Law. In this instance, our Medical Lawyers can work with and draw upon the knowledge of our Criminal Lawyers and Negligence Lawyers to assist you in your matter.

If you wish to speak with one of our Medical Lawyers about your Consent to Treatment matter, we invite you to contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.