What is express consent?


Dr KK Aggarwal and Ms Ira Gupta    10 April 2018

An express consent is one the terms of which are stated in distinct and explicit language. Express consent may be given orally or in writing. Though both these categories of consents are of equal value, written consent is regarded as superior because of its evidential value (Indian J Urol 2009;25(3):372-8).

Except where consent can be clearly and obviously implied, there should be express consent. Express, rather than implied consent should be obtained for treatments that involve risk or involve more than mild discomfort or when it will result in diminishing of a bodily function.

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