What is the difference between informed consent and implied consent? What are the best ways to prove consent?
- bedfordczarinaLv 51 decade agoFavorite Answer
"Consent" is only legitimate if it is "informed consent." This means that the individual is aware of exactly what they are getting into. This usually comes up in medical settings, where before a person agrees to a procedure they must know the benefits and dangers. Another element of informed consent is that the person must be mentally capable of consenting. For example, giving a severely intoxicated individual a list of benefits and dangers doesn't really "inform" him of anything.
Implied consent is when you don't affirmatively express consent verbally or in writing, but your behavior indicates your consent. For example, if somebody challenges you to a fight, and you don't say anything but you raise your fists, that might be considered implied consent. If somebody asks you to have sex with them, and you rip of your clothes and jump on them, that might be considered implied consent. Implied consent also applies in situations where you aren't physically or mentally capable of affirmatively consenting to something, but people can assume that if you could express consent, you would. For example, if EMS scoops you off the street unconscious, they will treat you without your express consent, because they assume if you could consent to life-saving treatment you would.
- guruLv 71 decade ago
First aid is often implied consent. If you are unconscious and cannot be informed, it is assumed that you would want someone to help you, rescue you, or save you. Your consent is implied.
Informed consent would be waking after an accident at the hospital and be explained a medical procedure that is considered required and you given the choice based on the information that you received to undergo the procedure. You gave consent and you were informed about it (usually relating to the risks involved).
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- Anonymous5 years ago
C. The patient gave a verbal consent, therefore he expressed his wishes. A may be required in some states, but the consent was still expressed. B is wrong because an informed consent involves listing risks, benefits, and alternatives. D is wrong because the patient only gave consent for the evaluation.
- regeruggedLv 71 decade ago
The boyfriend tells the girlfriend he's going to take her to a hotel room and do things to her. She says OK. That is informed consent.
The boyfriend tells the girl what's coming. She runs into the motel room and jumps on the bed. That is implied consent.
Proof can come by witnesses or surveillance cameras at the motel.