How does informed consent protect a patient’s right to make medical decisions?

Informed consent is a fundamental doctrine in health law that protects a patient’s right to self-determination by ensuring they are active participants in their own medical care. It requires physicians to provide patients with essential information—including the nature of a procedure, its benefits and risks, potential alternatives, and the likely outcomes of treatment or non-treatment—before obtaining consent.1

By mandating this disclosure, the law ensures that patients can make decisions based on a clear understanding of what is at stake, rather than relying solely on the physician’s judgment. This process is deeply rooted in the principle of individual autonomy, which holds that a person’s right to make decisions about their own body is not forfeited upon entering a medical facility.12

For this right to be exercised, a patient must possess competence, which is the legal ability to comprehend, retain, and weigh treatment information to reach a reasoned decision. When a patient is deemed competent, their decision—including the right to refuse treatment—must be respected, upholding their dignity and integrity as an individual.21