Basic Law and Consent
Pp. 1-5 (5)
Jeffrey C. McILwain
The proof that consent has been given by a patient lies with a clinician as part of their duty of care within the tort of negligence. An adult may give consent for themselves however if they are incapable or a child then another appropriate adult, except in an emergency situation, must be included in the discussion about consent for the patient. There is case law and legal doctrine that underpins such an approach and aspects of statute law that also apply.
St. Helens&Knowsley Teaching Hospitals UK.