Informed Consent

Elements

  • Capacity to understand, retain, weigh and communicate a decision
  • Voluntary, free of coercion
  • Informed about the condition, options including no treatment, benefits and risks
  • Specific to the procedure and the surgeon or team
  • Consent is an ongoing discussion, and the signed form records it
  • Include the surgeon’s own experience where relevant

Material Risk

  • Rogers v Whitaker (High Court of Australia, 1992) requires disclosure of material risks
  • A risk is material if a reasonable person in the patient’s position would attach significance to it
  • Or if the doctor knows this particular patient would attach significance to it
  • Rare but serious risks can be material

Special Situations

  • Mature minors can consent if they understand the treatment (Gillick competence)
  • Adults without capacity, consent from the substitute decision maker under state law
  • Emergency treatment to save life or prevent serious harm can proceed without consent
  • Use an accredited interpreter when language is a barrier
  • Advance care directives must be respected

Documentation

  • Record the discussion, risks raised, questions and decision as well as the signed form
  • Consent is a process that can be withdrawn
  • Tell patients who will perform the operation, including trainee involvement
  • Record the discussion, material risks, alternatives and the patient’s questions
  • Provide written information and allow time to decide

Reviewed by Professor Phong Tran, Head of Orthopaedic Surgery, Western Health. Last updated 10 October 2026.