Consent for the purpose of medical treatment means grant of permission by the patient for an act to be carried out by the doctor, such as a diagnostic, surgical or therapeutic procedure.

The doctor-patient contract is almost always implied, except when a written informed consent is obtained, since no formal contract is usually written when a patient visits a doctor.

The Black’s Law Dictionary defines the terms express consent and implied consent as:

“Express consent - Consent that is clearly and unmistakably stated.

Implied consent - 1. Consent inferred from ones conduct rather than from ones direct expression. — Also termed implied permission. 2. Consent imputed as a result of circumstances that arise, as when a surgeon removing a gallbladder discovers and removes colon cancer.”

It can therefore be stated that the relationship between a doctor and his patient is that of an implied contract. There is no written or oral explicit contract between them, but it is implied that the doctor is expected to cure the patient and the patient pays the fee in consideration.

Illustrations

1. A patient enters a doctor’s clinic and sits in the examination chair; his consent is implied for examination, diagnosis and consultation.
2. Persons who offer medical advice and treatment implicitly state that they possess the skill and knowledge required to do so, that they have the skill to decide whether to take a case, to decide the treatment, and to provide that treatment.