ABA Family Legal Guide

Health-Care Law

Patients' Rights

Informed Consent

Can I withdraw my consent if I change my mind?

You can withdraw your consent at any time, but this may affect your treatment. Obviously, it is best to change your mind before the doctor begins a surgical procedure. Changing your mind can put both you and your doctor at risk. Once you withdraw your consent, the doctor has to discuss with you the effects of not proceeding with the treatment.

In Wisconsin, a woman went into labor and was admitted to the hospital. She had planned on, and was prepared for, a vaginal delivery. During delivery, she changed her mind, and three times asked her doctor to perform a cesarean. The doctor continued to prepare for a vaginal delivery. When complications arose during delivery, the doctor delivered the baby by cesarean. The baby was paralyzed from the neck down.

The woman sued the doctor because he did not acknowledge that she withdrew her consent to a vaginal delivery. The doctor argued that once the vaginal delivery began, the patient could not withdraw her consent. The woman won the case. Because a cesarean delivery was a viable medical alternative to a vaginal delivery, the woman had the right to withdraw her consent to a vaginal delivery. When she withdrew her consent, the doctor was obligated to discuss with her the consequences of her withdrawal and her options at that point.

Although the woman won in Wisconsin, the law varies from state to state. In every state, though, you have the right to withdraw your consent. Your doctor should discuss with you the effect this will have on your treatment, but the ultimate decision is generally up to you.