Medical
4. Consent
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 20 Aug 2015
- Adult patients with no mental incapacity may refuse medical treatment as the law recognises patients’ rights to autonomy (independence).
- If there is doubt regarding the patient’s capacity to make a decision the health professional may in certain circumstances treat the patient under substitute consent.
- Substitute consent is where someone else is allowed to give consent on your behalf.
- You need to check the relevant legislation in your state and territory for specific consent rules.
- For the special rules relating to mental illness see our topic on Mental Health.
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