Informed consent and expressed consent are two important concepts to understand when it comes to any type of decision-making process where one party is required to obtain consent from another party. While they sound similar and may be used interchangeably at times, there are key differences between them that are worth exploring.
First, let’s define what informed consent and expressed consent mean. Informed consent is when someone is provided with all of the necessary information they need to make an informed decision. This information typically includes details about the risks, benefits, alternatives, and any other relevant information that someone would need to know before making a decision. Expressed consent, on the other hand, is when someone explicitly gives consent verbally, in writing, or through some other means that clearly shows they have given permission.
So, what are the differences between informed consent and expressed consent? For one, informed consent requires a lot more than simply obtaining someone’s permission. It involves a thorough understanding of the pros and cons of a particular decision, and the ability to make an informed choice based on that information. With expressed consent, someone may be giving their permission without fully understanding the implications of their decision.
Another key difference between the two is the legal implications. Informed consent is often required in situations where there is a high degree of risk involved. For example, if someone is undergoing a medical procedure, the doctor must obtain informed consent before moving forward. This helps to protect the patient from potential harm, as well as the doctor from any legal action that could arise as a result of the procedure.
Expressed consent, on the other hand, may be sufficient in situations where there is less risk involved. For example, if someone is being asked for their permission to take a photo or use their likeness in some way, expressed consent may be enough, as long as the person understands what they are agreeing to.
It’s worth noting that both informed consent and expressed consent can be tricky to obtain in certain situations. For example, when dealing with vulnerable populations such as children or individuals with cognitive impairments, it can be difficult to know if someone truly understands the decision they are making. In these cases, extra care must be taken to ensure that informed consent is obtained and that the decision-making process is as fair as possible.
In conclusion, while informed consent and expressed consent may sound similar, there are important differences between the two that are worth exploring. Understanding these concepts is essential for anyone who needs to obtain consent from others in a variety of settings, from medical procedures to photography releases and beyond. By taking the time to fully inform someone before obtaining their consent, you can help to ensure that they are making a decision that is truly in their best interests.
