ABA Family Legal Guide

Health-Care Law

Patients' Rights

Informed Consent

My doctor gave me some information and then asked me to sign a consent form. Is this the way consent usually is given?

Many doctors will ask you to sign a consent form, simply to keep evidence of the fact that you consented in the medical record for the doctor's and your protection. However, informed consent does not necessarily mean written consent. The whole purpose of informed consent is to give you enough information so that you can share in the decisions regarding your health care. Whether you need to sign an informed consent form should be secondary to your decision as to whether you want to agree to the treatment.

You are not required by law to sign any kind of consent form for most procedures. Keep in mind, though, that the doctor can then choose not to treat you. Some states have laws that require the execution of specific informed consent forms for some procedures, including HIV testing and sterilization.