A Structure, Understanding, Recent Developments and New Definition for Consent

A Structure, Understanding, Recent Developments and New Definition for Consent
ResearchGate, April 2023
Scott McLachlan, Kudakwashe Dube, Yvonne Choi, Samir Saidi, Louise Rose, Norman Fenton
Abstract
Consent to medical intervention is a core legal concept that is ubiquitous and yet continues to frustrate governments, organisations, researchers and the wider community. Most requests for consent incorporate only those elements immediately required to meet ethics review board or organisational definitions, absent a holistic view of all elements that make up the concept of true fully informed consent. As a consequence, most methods and applications of consent could be characterised as incomplete, possibly because there are few works that have sought to consolidate our understanding of consent, the consent process, and the methods used in different applications. This paper addresses this gap by reviewing and consolidating the literature, characterising and redefining consent and exploring the ways in which consent is obtained. We present a new consent framework synthesised from philosophical, practical and application models. This framework is presented in the context of contemporary events of global importance. We define consent as “Revocable words or actions freely performed by a person who is capable and aware that create agreement with another party to permit some specific act”. This paper contributes to our ongoing understanding and future development of consent as a normative medico-legal process and provides a definitive framework which enables those involved in the consent process to ensure that all aspects necessary for fully informed consent are addressed.