Consent is a continuing dialogue, not a once-off signature

by | Apr 29, 2026 | Medical Malpractice Insurance

Why consent should be revisited, refreshed and properly documented throughout the patient journey.

The common misunderstanding

A signed consent form is important, but it is not a magic shield. One signature obtained at one point in time does not automatically prove that the patient remained informed, understood the evolving position, or still agreed to the proposed intervention when treatment eventually took place. In law and ethics, consent is a process, not a paperwork event.

When should consent be revisited?

Consent should be reviewed close to the time of treatment, especially where there has been a significant delay since the original discussion, a material change in the patient’s condition, a change in the treatment plan, the emergence of new risks, or a meaningful change in cost, logistics or likely outcomes. A stale consent form can become a very weak document when things go wrong.

Can the same consent ever be used again?

Sometimes yes. Where the treatment is repetitive, the intervals are short and the risks and nature of the intervention remain substantially the same, one document may continue to have practical value. Even then, the better approach is to confirm before each episode that the patient still understands the treatment, still wishes to proceed, and has had an opportunity to ask questions. A note recording that discussion can be extremely helpful.

When is new consent advisable?

Fresh consent should be obtained where the patient presents with a new condition, a different procedure is proposed, a new technology or device will be used, an additional practitioner will be involved in a materially different role, or the risk profile has changed. In short, if the decision facing the patient is meaningfully different, the consent process should also be different.

Written or verbal consent?

Verbal consent may be valid in appropriate circumstances, but written consent is strongly advisable for invasive procedures, procedures carrying material risk, imaging or tests with significant implications, data-processing consents, and financially significant decisions. Written consent protects both parties and creates a useful reference point for later care.

Do not separate form from conversation

The patient should also understand that they may refuse treatment or withdraw consent, and the likely consequences of doing so should be explained. A form should support the conversation, not replace it. The most defensible consent process explains the diagnosis, the proposed intervention, available alternatives, material risks, likely benefits, costs, and the consequences of refusing or postponing treatment. It also creates room for questions. Patients are far more likely to feel respected, and far less likely to complain, when the conversation feels real rather than scripted.

Document the review

If consent is revisited verbally, record that in the notes. If a prior consent form is re-used, document why that was appropriate. If the patient has changed their mind, or accepts some risks but refuses part of the plan, record that too. Good documentation turns a vague recollection into a clear clinical and legal record.

Final thought

Consent should travel with the patient’s journey. It should be refreshed when circumstances change, confirmed when treatment continues, and documented in a way that shows genuine communication. The signature matters, but the dialogue matters more.

Maud Letzler

Maud is a senior legal professional with over 18 years’ experience across the healthcare, medical, and insurance sectors. A qualified Legal Counsel and Advocate, she specialises in regulatory compliance, medical malpractice, professional indemnity, and complex litigation. Maud has advised Boards, executive teams, insurers, brokers, and healthcare professionals on risk management, cross-border legal matters, and emerging regulatory developments, including POPIA, GDPR, informed consent, and healthcare legislation. She has represented clinicians before regulatory bodies and courts, acts as a mediator and arbitrator, and is a published author on medical and contract law. Her work is grounded in practical, future-focused legal insight that protects professionals while supporting sustainable business outcomes.