Risks and Consent

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Disclaimer: This page is not a legal document and does not constitute legal advice.

Prior to any surgical intervention, it is important for you as the patient to have an understanding of the indications, alternative options and potential complications in order to make an informed choice as to the treatment offered. It is imperative that you discuss the operation with your surgeon.

Your surgeon will want you to sign a written consent form to confirm this discussion has taken place. This does not state your permanent commitment to the operation, but rather serves as proof of the discussion around the operation and your agreement at the time of signing. At any point prior to the surgery you are able to change your mind, thus invalidating the signed consent form.

Consent is governed by Case Law. This implies that previous actual cases set the precedent on how to view consent in legal terms. Each case helps paint a clearer picture legally. Pertinent cases that have shaped views on consent in relation to surgery include:

- Bolam (1957): A doctor is not negligent if he acts in accordance with practice accepted by a responsible body of medical opinion.
- Sidaway (1985): Confirmed a doctor's duty to provide adequate information, but accepted that there is a limit. The importance of counselling for risks special in kind or magnitude was emphasised.
- Gillick (1986): A person under 16 years of age can give consent if considered competent to do so.
- Bolitho (1997): The doctor must be able to produce evidence of the good sense and logic of a decision.
- Pearce (1999): It is the responsibility of the doctor to inform a patient of "a significant risk which would affect the judgement of a reasonable patient".
- Chester v Afshar (2004): "Lack of knowledge of this particular risk was held to have denied the patient the chance to make a fully informed decision." The case concluded the negligent failure to warn of the risk could be regarded as the cause of the injury if that risk eventuated.

As a result of these cases surgeons now tend to spend more time explaining risks that are very unlikely to occur, and some patients find this very upsetting. As a patient you may ask your surgeon not to be told all the detailed risks, and as long as this wish is documented it is perfectly valid legally. On the other hand, if you are the type of person that wants to know everything there is to know about your operation, this website is a good place to start. On our links page there are some excellent websites you may want to explore.

Please select from the listed operations for more information on the particular operation you are interested in.