Thomas C. Grajek | July 22, 2026 | Personal Injury
Before getting medical treatment, you need to give consent for your physician to perform the procedure or treatment. Whether you give express or implied consent usually depends on the situation and the type of procedure being performed.
The differences between express and implied consent can also have a big impact on your legal rights should a personal injury claim be brought later. Keep reading below to learn everything you need to know about express and implied consent.
What Is Express Consent?
Express consent is when you give direct or explicit permission.
When it comes to medical procedures, this type of consent may be given in a few different ways, such as:
- Signing a consent form or medical authorization form
- Verbally consenting to treatment
Many types of medical procedures require express consent. This is usually the case with risky or complex procedures as well as any type of elective procedure, such as many types of plastic surgery. Treatments that are part of a clinical trial or experimental procedures typically require express consent from the patient as well.
What Is Implied Consent?
Implied consent occurs when a patient’s actions imply their consent without them giving direct, express consent. The difference between express and implied consent can have important legal consequences.
Implied consent may be given in many different ways, but some common situations may include:
- Nodding your head
- Extending your arm to allow a blood draw
- Fasting prior to a scheduled surgery
- Additional, but necessary, treatments performed during surgery
Additionally, implied consent may be used during emergency situations. Suppose you arrive at the emergency room in an unconscious state after a car accident. Most reasonable people would want the doctor to perform life-saving treatment, so the doctor may assume that you give your implied consent to receive the treatment necessary to save your life.
Can I Withdraw My Consent?
Yes, your consent does not automatically last forever. Just because you gave your consent previously does not mean that you cannot change your mind. In fact, the law allows you to change your mind or cancel your consent at any time. If you decide to revoke your consent, you can do so at any time by notifying your doctor, nurse, or medical staff.
Sometimes, the issue of whether a patient revoked their consent may come up during a personal injury claim. Doctors who proceed with a procedure after the patient revokes consent could face liability, and the patient may be owed both economic damages and non-economic damages.
What Types of Damages Can a Patient Recover in a Personal Injury Case?
Consent often plays a big role in personal injury cases. Doctors need informed consent to treat patients, and proper consent may not have been given if the doctor did not take the time to fully explain all the potential risks and complications of your procedure. Patients who are injured often require additional treatment for their injuries.
Damages available often include:
- The cost of your medical treatment
- Lost wages during your time missed from work
- Pain and suffering
- Loss of consortium
- Diminished quality of life
An experienced attorney can evaluate your losses, calculate the full value of your claim, and fight to recover every category of compensation available under the law.
Contact a Polk County Personal Injury Lawyer at Grajek Law Personal Injury Lawyers for a Free Consultation
Medical procedures can leave you facing serious injuries, unexpected medical expenses, lost income, and an uncertain future. If you believe a healthcare provider’s negligence caused your injuries, you may have the right to pursue compensation.
For more information, please contact the Lakeland and New Port Richey The personal injury lawyers of Grajek Law Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve Polk County, Pasco County, and their surrounding areas:
Grajek Law Personal Injury Lawyers Lakeland
2306 Florida Ave S Lakeland, FL 33803
(863)-999-9000