The legal definition of “informed consent” is the requirement that, prior to treating a patient, the doctor must provide adequate information concerning the possible risks, benefits, and alternatives to a particular procedure. In Illinois, informed consent standards have arisen from both statutory (written laws) and common law (court cases). Additionally, for any recommended “hands-on” procedures, including those on or near sensitive areas, the ICS strongly recommends including a physical description and patient acknowledgement of anticipated treatment.
The Illinois Medical Patients Right Act (410 ILCS 50/3 establishes the right of each patient “to receive information concerning his or her condition and proposed treatment [and] to refuse any treatment to the extent permitted by law.” Under the healing art malpractice law, health professionals are held to a standard that requires them to inform a patient of consequences of a procedure if a “reasonable health professional” would have done so under the circumstances.
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