What Is the Difference Between Express and Implied Consent?

Consent refers to a person’s agreement to take part in something. In the business world, consent is needed to ensure that all parties involved are willing to sign off on the terms of a contract.

Of course, consent also refers to relationships outside of business, such as personal or romantic relationships. If there isn’t mutual consent during sexual activity, it can lead to sexual assault.

Regardless of the setting or circumstances, it is imperative to establish consent from all parties. 

There is more than one type of consent, too, so it’s important to understand what they are and what they mean. 

What Is Express Consent?

Express consent is when you verbally agree to something. In a business setting, telling your superiors that they can use your ideas during a meeting is an example of you giving your express consent. 

You can also provide express written consent, such as when you go to a doctor’s appointment and sign paperwork that gives the doctor permission to treat you. 

Whereas express consent is expressed through words and written agreements, implied consent is just the opposite. Rather than come right out and say you agree to something, your actions dictate where you stand on a matter.

For example, handing your credit card to a waiter at a restaurant is a form of implied consent. You aren’t coming right out and saying “I give you permission to use my credit card.” But simply handing the waiter your card is enough to imply that you give them permission to run your card to pay for your meal.

Unfortunately, consent can be a tricky thing, especially in the medical industry. If a patient is in a car accident and is rushed to the emergency room, they might be too badly injured or unconscious to answer doctor’s questions regarding treatment.

If the doctor feels it is necessary to perform surgery or administer medicine without the patient’s consent, it’s a chance they have to take to save a life.

The problem, however, comes when medical treatment without consent causes unanticipated complications or side effects. 

Although the doctor had to act quickly to save the patient’s life, the treatment ended up having adverse effects. This is where things can get messy and where a medical malpractice attorney can help.

Furthermore, a patient must always be given sufficient information regarding their medical care. If a doctor fails to provide key data regarding treatment and the patient suffers harm later, that patient may have a medical malpractice case on their hands.

If you believe you are the victim of such, you need to make sure that you have a medical malpractice attorney who understands the medical industry and your rights as a victim.

At the Doctor Lawyer Firm, you’re getting just that. Thanks to years of experience in both the medical field and legal services, you can trust that you will have comprehensive representation that fights to get the maximum compensation. 

If you are the victim of medical malpractice in Florida, or you believe you didn’t give your consent for treatment, you should seek the services of an experienced medical malpractice attorney as soon as possible. When you act fast, you can be sure to give your attorney plenty of time to build your case. 

Why Choose the Doctor Lawyer Firm?

Matthew Sowell is one of the few Florida lawyers certified by both the Florida Bar and the American Board of Professional Liability. Matt excels as a national leader in stroke litigation and is the founding chairman of the Stroke Litigation Group, the largest litigation lawyer organization in the United States. 

Matt also wrote and shared with peers how to successfully prosecute stroke cases. Over the years, Matt has won millions of dollars in verdicts, ensuring that his clients are awarded the compensation they deserve in extremely difficult medical malpractice cases.

Fadi Chakour is a former medical doctor who left the field to practice law, specifically, medical malpractice litigation.   As a doctor, Fadi treated many patients who were injured due to the negligence of others and observed the pain and suffering of loved ones that came from these instances. 

The combination of his medical knowledge and experience and his legal skills make Fadi a powerful advocate for injured people who have fallen victim to medical negligence.

If you believe you were harmed due to a lack of consent or medical malpractice, we encourage you to call us right away. The sooner we can start your claim, the sooner you stand to earn the compensation you deserve. 

When you have the experienced medical malpractice attorney team of Sowell Chakour in your corner, you have a much better chance of being made whole. Call our office today at 1-833-MedMals or fill out our online contact form , and we will promptly respond to your inquiry and work to schedule a consultation.

The information in this blog post is provided for informational purposes only and is not intended to be legal advice. You should not make a decision whether or not to contact an attorney based upon the information in this blog post. No attorney-client relationship is formed nor should any such relationship be implied. If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction.