Quick answer

Informed consent is the doctrine that a patient has the right to be informed of the nature of a proposed medical procedure, its risks and benefits, and the available alternatives, so that they can make an intelligent and voluntary decision whether to undergo it; a physician who treats without such consent may be liable. The doctrine rests on the patient's right to self-determination over their own body. Philippine jurisprudence has adopted the essential elements of a cause of action for failure to obtain informed consent: first, the physician had a duty to disclose material risks; second, the physician failed to disclose or inadequately disclosed those risks; third, as a direct and proximate result of the failure to disclose, the patient consented to treatment they otherwise would not have consented to; and fourth, the patient was injured by the proposed treatment. The test of what must be disclosed is materiality: a risk is material when a reasonable person, in what the physician knows or should know to be the patient's position, would be likely to attach significance to it in deciding whether to undergo the procedure; the disclosure should cover the diagnosis, the nature and purpose of the proposed treatment, the material risks and consequences, the alternatives (including the option of no treatment), and the prognosis. Consent must be given voluntarily by a patient with capacity; for minors and incapacitated patients, consent is given by the parent, guardian, or legally authorized representative, subject to special rules. Recognized exceptions to the duty to obtain prior informed consent include: genuine emergencies where the patient is incapacitated and immediate treatment is necessary to prevent death or serious harm; a patient's waiver of the right to be informed; and, in narrow circumstances, therapeutic privilege. So informed consent requires disclosure of the material risks, benefits, and alternatives before treatment, and treating without it can give rise to liability, subject to the emergency and waiver exceptions.

The Patient's Right to Decide

Informed consent means a patient must be told the nature, risks, benefits, and alternatives of a procedure to decide intelligently and voluntarily. It rests on self-determination over one's body.

The Elements of a Claim

Materiality and Exceptions

A risk is material if a reasonable person in the patient's position would attach significance to it. Disclosure covers the diagnosis, nature and purpose, material risks, alternatives (including no treatment), and prognosis. Exceptions: a genuine emergency with an incapacitated patient, the patient's waiver, and narrow therapeutic privilege.

Practical Takeaways

Frequently Asked Questions

What is informed consent? The doctrine that a patient must be informed of the nature of a proposed procedure, its risks and benefits, and the alternatives, so they can make an intelligent and voluntary decision whether to undergo it.

What must a doctor disclose? The material risks, judged by whether a reasonable person in the patient's position would attach significance to them, covering the diagnosis, the nature and purpose of the treatment, the risks and consequences, the alternatives including no treatment, and the prognosis.

What are the elements of a failure-to-obtain-consent claim? A duty to disclose material risks, a failure or inadequate disclosure, that as a proximate result the patient consented to treatment they otherwise would not have, and that the patient was injured by the treatment.

When is informed consent not required? In genuine emergencies where the patient is incapacitated and immediate treatment is needed to prevent death or serious harm, where the patient waives the right to be informed, and in narrow cases of therapeutic privilege.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.