What does free and informed consent involve?

This right means that a person’s consent must be:

• Free: that is, not obtained under coercion, and renewed for each new medical procedure.
• Informed: meaning the person must have been previously informed about the procedures they will undergo, the frequent or serious risks that are reasonably foreseeable based on current scientific knowledge, and the potential consequences of those risks.

How can this right be exercised?

• This right can be asserted simply by informing one’s doctor.
• A person may also request not to be informed (about their health status, a diagnosis, or proposed treatments, etc.). This request must be communicated to the attending physician so it can be recorded in the medical file.

It is also possible to refuse any diagnostic procedure or treatment, or to request its discontinuation.

However, if such a refusal endangers the patient’s life, the physician must respect the decision but also inform the patient of the consequences and seriousness of that refusal.

This decision must be reiterated within a reasonable timeframe. The patient may change their mind about treatment at any time.

What applies in the case of a minor or an adult under guardianship?

Specific provisions apply in these cases. The individuals who have the right to express consent and participate in decision-making are the parents or the legal guardian. However, the consent of the minor or protected adult must always be sought.

The physician may waive the requirement to obtain consent from the holder(s) of parental authority if the medical procedure is necessary to safeguard the patient’s health, and the minor opposes informing the parent(s) in order to keep their health status confidential.

The physician must make every effort to obtain the minor’s consent. If the minor maintains their opposition, the physician may proceed with the preventive action, screening, diagnosis, treatment, or intervention. In such cases, the minor must be accompanied by an adult of their choice.