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A surgical consent form is used to ensure a patient has been provided with all the necessary information concerning a proposed surgery/special procedure and to document that they agree to undergo the operation. Any risks associated with the procedure and treatment thereafter must be outlined in the form.
THE DUTY TO OBTAIN INFORMED CONSENT The duty to obtain a patient's consent for treatment rests on the patient's treating physician (6). Hospitals, nurses, surgical assistants, and referring physicians do not owe this duty to their patients (7).
A minor, someone who is 17 years and younger, is generally considered not competent to make informed consent decisions.
The essential difference between expressed and implied consent is that expressed consent is typically given with words, either on paper or verbally, while implied consent is usually understood through actions.
The HHS regulations require that an investigator obtain legally effective informed consent from subjects or a legally authorized representative before the subjects may be involved in research (45 CFR 46.116), unless this requirement has been waived by an IRB.
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Valid informed consent for research must include three major elements: (1) disclosure of information, (2) competency of the patient (or surrogate) to make a decision, and (3) voluntary nature of the decision. US federal regulations require a full, detailed explanation of the study and its potential risks.
Informed consent (IC) is an essential step in helping patients be aware of consequences of their treatment decisions. With surgery, it is vitally important for patients to understand the risks and benefits of the procedure and decide accordingly.
For consent to be valid the patient must (1) be competent to take the particular decision; (2) have received sufficient information to make a decision; and (3) not be acting under duress. The last point may be an issue if consent is obtained upon the day of surgery.
There are three different types of consent an organization may obtain: Explicit Consent. Implicit Consent. Opt-out Consent.
Obtaining patients' informed consent is the physician's responsibility, but the process is more than just a signature on a page. Surgery center staff are witnesses who confirm the informed consent form has been signed.

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